The Home Secretary’s Duty to Act Fairly: R (Afzaal) v Secretary of State for the Home Department [2014] EWHC 2215

15 Jul 2014 | by Caroline Sweeney

The High Court has dismissed a claim that the Home Secretary breached the public law duty of fairness when refusing an international student’s application for leave to remain in the UK.  Applying the principles laid down by the Court of Appeal in R (Q) v SSHD [2004] QB 36, the Court accepted that the Home Secretary was required to administer immigration control in a manner that was fair and proportionate in all the circumstances, but concluded that she had discharged that duty in the present case through a combination of the Immigration Rules and accompanying guidance to international students.

Ben Lask acted for the Home Secretary.

Click here to read the full judgment in R (Afzaal) v Secretary of State for the Home Department [2014] EWHC 2215.