Source: All England Reporter
Publisher Citation: [2008] All ER (D) 323 (Jun)
Neutral Citation: [2008] UKHL 42
Court: House of Lords

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood

Representation Rabinder Singh QC, Nicola Rogers and Joanna Stevens (instructed by Brighton Housing Trust) for AL.
  Andrew Nicol QC and Mark Henderson (instructed by Howe & Co) for Rudi.
  Monica Carrs-Frisk QC, Lisa Giovanetti and Rory Dunlop (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department.
Judgment Dates: 25 June 2008


Immigration - Asylum seeker - Return - Unaccompanied minor - Challenge to order for removal on human rights grounds - Discrimination - Whether claimant being treated differently from person in identical circumstances with one or more natural parents in United Kingdom -  1, arts 8, 14.

The Case

Immigration Asylum seeker. It was contrived and unreal to regard the Secretary of State for the Home Department's one off policy to clear some long-standing asylum cases off the books, under which families with dependent children aged under 18, either on 2 October 2000 or on 24 October 2003, were given indefinite leave to remain in the United Kingdom, as a violation of art14 or of the common law principle of non-discrimination, either on grounds of proportionality or for want of justification. Therefore, the appellants, who had come to the United Kingdom within the appropriate dates, but without their families, could not benefit from the policy.

Practice Areas

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