SB (Jamaica) and ABD (A Minor), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 400 (22 April 2016)

In the Court of Appeal (Civil Division) - On Appeal from the Upper Tribunal (Immigration and Asylum Chamber)

This is an appeal against the decision of Upper Tribunal Judge O'Connor dismissing the Appellant's application for judicial review of decisions of the Home Secretary dated 8 October 2013 and 8 October 2014, in which she granted the Appellant 30 months' leave to remain under paragraph 276ADE of the Immigration Rules subject to a condition of no recourse to public funds (NRPF condition). There are formally two applicants for judicial review, SB and her daughter ABD, who was born in this country on 30 May 2011. Since ABD's application depends entirely on that of her mother, for convenience I shall refer to SB as if she were the only Appellant.

In summary, the Appellant contends that the Secretary of State:

i) wrongly interpreted the transitional provisions of the current Discretionary Leave ("DL") policy:

ii) arrived at an interpretation or application of the DL policy that failed to take account of the provisions of section 55 of the Borders, Citizenship and Immigration Act 2009; and

iii) irrationally imposed a condition of no recourse to public funds.

The Appellant contends that she should have been granted DL with no restriction on recourse to public funds.

The Respondent disputes all these contentions.

The Upper Tribunal Judge rejected the Appellant's submissions and upheld those of the Secretary of State.

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