![CA-2024-001818 - [2025] EWCA Civ 1273](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Heading
ON APPEAL FROM THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
MR JUSTICE LAVENDER
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE UNDERHILL
(Vice-President of the Court of Appeal (Civil Division))
LORD JUSTICE NEWEY
and
LORD JUSTICE LEWIS
Between :
THE KING (on the application of DM) | Claimant/ Appellant |
- and - | |
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT - and- UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES | Respondent Intervener |
Raza Husain KC, Jason Pobjoy KC and Eleanor Mitchell (instructed by Duncan Lewis Solicitors) for the Appellant
Lisa Giovannetti KC and Jack Anderson (instructed by the Treasury Solicitor) for the Respondent
Sonali Naik KC, Ali Bandegani and Rebecca Chapman (instructed by Baker & McKenzie LLP) for the Intervener
Hearing dates: 21 & 22 May 2025
Further submissions: 2 June 2025
Approved Judgment
This judgment was handed down remotely at 2 p.m. on Wednesday 8th October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Lord Justice Underhill :
- Heading
- INTRODUCTION
- THE POLICY
- THE OLD RULES AND GUIDANCE
- THE NEW RULES AND GUIDANCE
- SUMMARY OF THE POLICY
- THE EFFECT OF THE POLICY
- CRITICISM OF THE POLICY
- GROUND 1: SECTION 55 OF THE 2009 ACT
- THE EVOLUTION OF THE ISSUES BEFORE THE JUDGE
- The Issues as at the Start of the Hearing
- The Hearing
- The Post-Hearing Submissions
- THE APPEAL
- The Claimant’s Case
- The Secretary of State’s Response
- Discussion and Conclusion
- The Claimant’s Case
- The Secretary of State’s Case
- Discussion and Conclusion
- CONCLUSION ON GROUND 1
- GROUND 2: DISCRIMINATION
- LAVENDER J’s JUDGMENT
- THE ISSUES ON THE APPEAL
- DIFFERENTIAL TREATMENT
- The Secretary of State’s Case
- The Claimant’s Case
- Decision
- GROUND 3: IRRATIONALITY
- LIMB (iii): THE RATIONALITY OF THE POLICY
- Anchor children
- The incentivising effect of allowing automatic family reunion
- The balance of benefit and harm
- Mr Husain’s submissions
- Conclusion on limb (iii)
- LIMB (ii): FAILURE TO REVIEW
- Conclusions