Ground 3
: the RL policy breached the public sector equality duty contained in section 149 of the EA 2010. 19. The 2019 decision was made in response to an application dated 26 February 2019 for indefinite leave to remain and the application was supported by additional written representations submitted in March and April. The applicant’s representations placed extensive reliance on the report of Dr Bell. That report considered the matters relating to the applicant’s mental health outlined in paragraph 12, above. The representations featured further and more detailed reasons as to why it was contended that the applicant would not be “removable”. 20. The 2019 decision refused to grant the applicant indefinite leave to remain, but instead granted him 12 months’ restricted leave, with conditions materially identical to those in the 2018 decision, with one distinction. The 2019 decision reduced the reporting requirements from every two months in the 2018 decision to “4 times per year i.e. every three months”. 21. The grounds upon which the applicant seeks permission to bring judicial review proceedings against the 2019 decision are based on those initially advanced against the 2018 decision, with two additional grounds. The manner in which the total six additional grounds have been set out in the applicant’s statement of facts and grounds and his skeleton argument could have been clearer, as the applicant did not set out separate and fresh grounds of challenge, but merely sought to adopt and apply (presumably with the necessary implied modifications) grounds 1 to 4 in relation to the 2018 decision, with two additional grounds specific to the 2019 decision. For ease of reference, having clarified the grounds with Ms Weston at the hearing, we will set out all six grounds in their entirety: a.
- JUDGMENT
- MS (India) and MT (Tunisia) v Secretary of State for the Home Department
- MS (India)
- Ground 4
- Ground 2
- Ground 3
- Ground 5
- Ground 6
- Ground 7 (original ground 1)
- Ground 8 (original ground 2)
- Ground 9 (original ground 3)
- Ground 10 (original ground 4)
- RELEVANT LAW AND POLICY
- refoulement
- Agyarko
- DISCUSSION
- Current barriers to removal
- Duration of leave
- Pretty v United Kingdom
- expulsion or other measures
- Bensaid v United Kingdom
- MS (India) and MT (Tunisia)
- Jeunesse
- Kardi v Secretary of State for the Home Department
- Kardi
- Babar
- Razgar
- Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months
- Ruhumuliza v Secretary of State for the Home Department
- KO (Nigeria) v Secretary of State for the Home Department
- KO (Nigeria)
- due regard has been given to the medical evidence that your client has provided in support his claim that the duration of leave granted may have a future adverse effect on his mental health
- GROUNDS 8 AND 9 – EQUALITY ACT 2010
- S and Others v Secretary of State for the Home Department
- CONCLUSION
