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SB and ABD, R (on the application of) v Secretary of State for the Home Department (IJR) (Rev 1) [2015] UKUT 136 (IAC) (3 March 2015)

Date: 03/03/2015
Duncan Lewis, Reported Case Solicitors, SB and ABD, R (on the application of) v Secretary of State for the Home Department (IJR) (Rev 1) [2015] UKUT 136 (IAC)

Upper Tribunal- Immigration & Asylum Chamber

The first Applicant, born 6 February 1994, is the mother of the second Applicant, born 30 May 2011. I refer to the first Applicant as ‘the Applicant’ herein. The Applicant entered the United Kingdom in August 2001 as a visitor. On 14 June 2010 she was granted Discretionary Leave to Remain until 13 June 2013 - as was her father. On 11 June 2013 both of the Applicants sought leave to remain on human rights grounds and by way of a decision of 8 October 2013 the Respondent granted such leave to each of them for a period of 30 months i.e. until 8 April 2016. The Respondent imposed a condition on this leave, prohibiting the Applicants from having recourse to public funds (the “NRPF condition”).

The Respondent has given further consideration to the Applicant’s case during the course of these proceedings, concluding in a decision of 8 October 2014 that the imposition of the NRPF condition of the Applicants’ leave should be maintained.

At the core of this application is the lawfulness of (i) the Respondent’s decision of 8 October 2013 to grant Limited Leave to Remain as opposed to Discretionary Leave and (ii) her decisions of 8 October 2013 and 8 October 2014 to impose, and refuse to remove, the condition prohibiting the Applicants recourse to public funds. Upper Tribunal Judge Pitt granted permission to bring these proceedings by way of an order dated 17 July 2014.


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