High Court of Justice- Queen's Bench Division- Administrative Court
The Claimant who was born in Somalia on 26 October 1972 and entered the United Kingdom on 2 September 2001 lives with her husband who is a British Citizen and with her six children all of whom are British Citizens. The Claimant challenges the Secretary of State's decision dated 5 November 2012 ("the decision"), which granted her five years to remain in the United Kingdom, on the basis that the Defendant failed to consider and discharge her duty pursuant to section 55 Borders, Citizenship and Immigration Act 2009 and that had she done so she would have granted her indefinite leave to remain thereby making her status consistent with that of her children.
On 3 October 2014 the Defendant issued a supplementary decision ("the supplementary decision") expressly addressing section 55 and the best interests of the Claimant's children. The supplementary decision is challenged on the basis that it is merely an ex post facto justification.
David Casement QC held;
“I conclude that the substance of the Secretary of State's duty pursuant to section 55 was discharged by the decision of 5 November 2012 to grant the Claimant five years leave to remain pursuant to the staged settlement policy. In any event the decision letter of 3 October 2014 was a free-standing reconsideration of the issue and has rendered these proceedings academic. The relief sought is therefore refused.”