CA-2025-002338 - [2025] EWCA Civ 1264

As we have already said, the Judge’s analysis was, if anything, favourable to the Secretary of State. The Judge would have been entitled to give the policy articulated in the Treaty no weight at all. For the reasons which we have already given, it did not entitle the Secretary of State to repudiate the lawful offer of an opportunity to request a reconsideration of the decision which, by issuing the statutory guidance in the terms in which it then was, she had authorised her own expert officials to make, and which, acting in accordance with the statutory guidance, they had duly made.