R (on the application of A) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Neutral Citation | [2021] UKSC 37 |
| Year | 2021 |
| Court | Supreme Court |
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74 cases
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The Queen (on the Application of All the Citizens) v Secretary of State for Digital, Culture, Media and Sport
...matters” are recorded on Government systems. The legal significance of policies 90 In R (A) v Secretary of State for the Home Department [2021] UKSC 37; [2021] 1 WLR 3931, at paras. 2–3, Lord Sales JSC and Lord Burnett of Maldon CJ set out the following summary: “2. It is a familiar featu......
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The King on the application of Ecpat UK (Every Child Protected Against Trafficking) v Kent County Council
...Whether the Kent Protocol, made in September 2021, is unlawful, applying the test in R (A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] 1 WLR 3931 at [46]? ( Issue 7) (h) What legal powers do the Home Secretary and/or local authorities have under ss. 69–73 IA 2016 a......
- R (on the application of MRS and FS) v Entry Clearance Officer (Biometrics - Entry Clearance Officer - Article 8)
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The King (on the application of Medical Justice) v Secretary of State for the Home Department
...Opinion Policy. It is therefore precluded by the decision of the Supreme Court in R(A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] 1 WLR 3931. The Defendant accepts that there was no consultation with the Claimant about the introduction of the Second Opinion Policy......
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3 firm's commentaries
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Upper Tribunal Considers Discretion To Defer Biometric Enrolment
...as to how they should proceed in reaching the decision. It fell under the third type of unlawful policy set out in R (A) v SSHD [2021] UKSC 37, as it purported "to provide a full account of the legal position but fail[ed] to achieve that, either because of a specific misstatement of the law......
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High Court Finds UK Government's Rwanda Policy Is Lawful
...therefore was not unlawful, applying the principles set out by the Supreme Court in R (A) v Secretary of State for the Home Department [2021] 1WLR 3931. The Court therefore rejected all general grounds and concluded that the Rwanda policy is lawful. Nonetheless, it was found that the SSHD h......
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Opinion: The Home Office's EUSS Zambrano Guidance Is Unlawful
...do not necessarily reflect the correct legal position and can, thus, be unlawful (per R (A) v Secretary of State for the Home Department [2021] UKSC 37). Individual decisions made on the basis of such guidance can also be challenged independently (as part of a statutory appeal, for example)......