EOG(Anonymity Order Made) v Secretary of State for the Home Department [2020] EWHC 3310 (Admin)


My conclusion is as follows. I agree with Ms Weston QC that there is an unlawful lacuna in the existing policy inasmuch as it fails to implement the obligation in Article 10.2 formally to protect persons in receipt of a positive reasonable grounds decision from removal from this country’s national territory pending the conclusion of the process. Suffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation. The defendant must formulate a policy that grants such persons interim discretionary leave on such terms and conditions as are appropriate both to their existing leave position and to the likely delay that they will face. It is not for me to prescribe what such terms and conditions should be.

Adam Pipe ( No 8 Chambers)

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