Source: All England Reporter
Publisher Citation: [2014] All ER (D) 227 (Dec)
Neutral Citation: [2014] EWHC 4218 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Bobbie Cheema QC (Sitting as a Deputy High Court Judge)

Representation Rebecca Chapman (instructed by Elder Rahimi Ltd) for the claimant.
  Julie Anderson (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 12 December 2014

Catchwords

Immigration - Leave to remain - Legacy programme - Claimant Turkish nationals seeking judicial review of defendant Secretary of State's decision granting three years' discretionary leave to remain in United Kingdom rather than indefinite leave to remain - Whether defendant unlawfully delaying decision despite promise to treat case as priority - Whether delay unlawfully depriving claimants of likelihood of grant of indefinite leave to remain.

The Case

Immigration Leave to remain. The claimant Turkish nationals sought judicial review of the defendant Secretary of State's decision to grant them three years' discretionary leave to remain in the United Kingdom, rather than indefinite leave to remain. The Administrative Court, in dismissing the application, held that the Secretary of State's failure to act in accordance with her promise to the claimant's Member of Parliament that she would treat the case as a priority within the legacy programme had not led to historical injustice. There could be no illegality in denying an entitlement to a decision any earlier, as no such entitlement had existed.

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