Re: S & anr (claimants & 1st defendant/respondents) v The Secretary of State for the Home Department & ors (2nd & 3rd defendants/appellants)

Thursday 28th July 2022 – Judgment at 2:00pm on Friday 29th July 2022

The SSHD appeals the order of Lang J  by which she: allowed the JR claim of “S” on ground 2 – the decision of the SSHD in the letter of 27 October 2021, refusing to accept S’s application for leave outside the Rules (“LOTR”) as valid is quashed; and allowed the JR claim of AZ on ground 1 – the SSHD’s decision in the letters of 17 November 2021 and 14 January 2022, refusing to accept AZ’s application for LOTR as valid is quashed.

By the same Order Lang J dismissed the JR claims arising from the Respondent’s applications to be relocated under the Afghan Relocation and Assistance Policy (“ARAP”).

The Respondents had applied for assistance and relocation under ARAP which was refused (for reasons upheld by the HC). The Respondents also sought LOTR, AZ within the ARAP application and S in a letter from her solicitors. The SSHD responded informing them that the applications should be made on a visa application forms with a fee. The Respondents did not do this.

View hearing:

Day 1

Part 1

Part 2