R (on the application of A) v Secretary of State for the Home Department

JurisdictionEngland & Wales
Neutral Citation[2021] UKSC 37
Year2021
CourtSupreme Court
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76 cases
3 firm's commentaries
  • Upper Tribunal Considers Discretion To Defer Biometric Enrolment
    • United Kingdom
    • Mondaq UK
    • April 14, 2023
    ...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......
  • High Court Finds UK Government's Rwanda Policy Is Lawful
    • United Kingdom
    • Mondaq UK
    • December 27, 2022
    ...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......
  • Opinion: The Home Office's EUSS Zambrano Guidance Is Unlawful
    • European Union
    • Mondaq European Union
    • September 22, 2023
    ...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)......

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