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

The submissions from Mr Husain which I have addressed above were in fact made in the context of other aspects of his case which overlap with limb (iii). The only submission in his skeleton argument which is peculiar to limb (iii) is directed to a particular aspect of Lavender J’s reasoning. He had in dismissing this limb of the claim relied on the reasons that he had given for dismissing limb (i) – that is, the claim (not pursued before us) that the introduction of the policy in 2000 was irrational. Mr Husain submitted that that was not a proper approach because the Secretary of State would acquire further evidence and experience about the relevant considerations as the years went by. That criticism has no bearing on my own reasons given above for dismissing limb (iii), which are not focused on the facts as they stood in 2000.