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

The Secretary of State amended the relevant part of the statutory guidance on 17 September 2025, immediately after the Judge’s decision. We have described the effect of that change already. We asked Ms Grange whether there are any pending cases to which the earlier version of the guidance applies and/or in which a negative reasonable grounds decision has been made which said that the claimant can request a reconsideration within 30 days of the decision. She did not know the answer to that question, but accepted that the numbers of such cases, if there are any, were likely to be small. Such cases would have to be cases with the same facts as this one, and not, for example, cases like the case which the Judge heard two days later, in which the claimant had already had one reconsideration decision by the Competent Authority (see paragraph 7 of GLD’s note of a judgment of the Judge in a different case, SKG, which was in GLD’s supplementary bundle for this hearing). The Judge refused interim relief in that case, and his decision was not appealed.