10.05.2013 – Rakesh Singh acted for the claimants in SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin) (08 May 2013) who were 5 children.

In summary the High Court found that the Home Office were in breach of their duty to promote and safeguard the welfare of children in relation to the amount of leave to be given to children who cannot be removed from the UK due to their strong family and private life ties in the country. The Home Office policy was to grant a maximum of 3 years DL in all article 8 cases (i.e. both adults and children) without considering whether a longer period of leave or indefinite leave to remain might be appropriate in the cases of children.

The judgment may affect:

  • Children granted limited Discretionary Leave without case-specific consideration of their best interests
  • Children with outstanding Discretionary Leave applications
  • Children with outstanding Indefinite Leave to Remain applications
  • Children subject to transitional provisions of the previous Discretionary Leave policy
  • Children whose cases post-successful art 8 appeals are being considered by the implementation unit