Conclusions
Conclusion
I find Grounds 1 and 2 are made out and that the allocation decision must be quashed, and must be remade with reference to the correct policy and without applying the no choice policy. The Claimant seeks mandatory relief including orders for the Defendant to provide accommodation to the Claimant in or nearby Essex or that she should expedite a decision on the Claimant’s application for leave to remain. In my judgment neither order is appropriate. The Defendant must remake the decision with reference to the correct policy, but it does not follow that accommodation will necessarily be allocated in or nearby Essex. Those are matters for the decision-maker when applying the correct policy. Nor is it appropriate for me to order expedition of the Claimant’s application for leave to remain, particularly in circumstances where the pressures on the making of immigration decisions are well known and well publicised.
It follows that the relief will be a quashing order, and an order that the decision be remade applying the Schedule 10 Policy Guidance.
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