R (Sherika Taylor & Anor) v Secretary of State for the Home Department

13/10/2015

Dates of case

13.10.2015

Instructed on behalf of the Secretary of State in judicial review claims challenging the Secretary of State’s application of the Immigration Rules that came into force on 9 July 2012 to the Claimant’s applications.

Dismissing the claims, the Deputy High Court Judge held that:

1. It was beyond doubt that the Court of Appeal’s decision in Singh v SSHD; Khalid v SSHD [2015] EWCA Civ 74, that the Secretary of State was entitled to apply the “new rules” to applications made before 9 July 2012 but decided after the coming into force of implementation of provision HC 565 on 6 September 2012, was binding on him; and
2. Notwithstanding that the case of R (FH & ors) v Secretary of State of the Home Department [2007] EWHC 1571 was an asylum case, there was no reason why the public law principles espoused in FH were not of general application. Applying those principles the 18 month period that it took the Secretary of State to decide the Second Claimant’s application did not amount to unlawful delay.