![CA-2024-001818 - [2025] EWCA Civ 1273](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
THE EVOLUTION OF THE ISSUES BEFORE THE JUDGE
THE EVOLUTION OF THE ISSUES BEFORE THE JUDGE
As already noted, the issues in relation to the section 55 ground have developed substantially over the course of the case. It is necessary to summarise that development in a little detail.
- 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