Case No. UKUT-00414-(IAC)

v Secretary of State for the Home Department [2014] EWCA Civ 934, which held that a case-specific time will come when those subject to the RL policy are entitled to indefinite leave to remain. Mr Kardi was subject to an earlier version of the RL policy and had resided in the United Kingdom for a considerable period. In the context of discussing the proportionality of any interferences with Mr Kardi’s Article 8 rights, including the impact of the conditions imposed and the length of his residence (see [30]), Richards LJ said at [32]: “There may of course come a point where the appellant has been in the United Kingdom for so long and/or the prospect of his removal to Tunisia is so remote, that the only course reasonably open to the Secretary of State is to grant him indefinite leave to remain. That point had not been reached, however, at the date of the March 2012 decision under challenge in these proceedings… ” 77. In