CA-2024-001818 - [2025] EWCA Civ 1273

For those reasons, I would allow ground 1 of the appeal, though only on the basis of an argument not advanced before the Judge.

It follows, if My Lords agree with that conclusion, that the Secretary of State is obliged now to conduct a section 55 exercise as regards her family reunion policy as it relates to child refugees; and the normal form of relief would be to make a declaration having that effect. It is important to emphasise that it does not necessarily follow that she would be obliged to change that policy. The duty is a process duty; and if, having gone through the necessary process, she concluded that the policy is in the best interests of children in the UK or that, to the extent that it is not, those interests are outweighed by other primary considerations, that would discharge her duty under section 55.

The effect of the Secretary of State’s announcement of 4 September (see para. 12 above) is that she is now planning in any event to conduct a comprehensive review of her family reunion policy, which will presumably cover the position of child refugees. It may be that the terms of our order should take account of that circumstance. I would give the parties the opportunity following the hand-down of this judgment to consider precisely what form of order is appropriate and to file written submissions if they cannot agree.