Success in the High Court

The High Court has found that UKBA must consider child safeguarding and welfare duties in all aspects of immigration decisions, including consideration of the period of leave to be granted.

Judgment has been issued in the case of SM and TM and JD and Others v SSHD [2013] EWCA 1144 (Admin), in which Coram Children’s Legal Centre (CCLC) acted as interveners to assist the Court in reaching its decision. The SLF grant funded part of CCLC´s work. The High Court recognised that successive grants of short periods of leave to remain can leave children in limbo and can be contrary to their best interests. The effect of the judgment is that the 2009 Home Office policy on granting discretionary leave to remain is unlawful. The Court invited the Home Secretary to review and amend her discretionary leave policies to ensure that they are lawful.