Immigration
R (on the application of ALO and others) v Secretary of State for the Home Department [2022] EWHC 2380 (Admin), [2022] All ER (D) 34 (Sep)
The Administrative Court allowed in part the claimants’ judicial review claim regarding the first claimant’s application for Afghan Relocation and Assistance Policy (ARAP). He was eligible for relocation to the UK; however, his presence had been assessed as not conducive to the public good on grounds of national security due to his conduct, character, and associations. The first claimant argued that the defendant Secretary of State had, in making that decision: (i) failed to give reasons; (ii) failed to meet the requirements of Art 6 of the European Convention of Human Rights; (iii) there was ‘no minded’ to process, and (iv) the State’s assessment of the ‘not conducive to the public good’ issue was flawed. The court held, among other things, that for grounds (i) and (iii) there was no general duty to give reasons. However, the claimant was successful on ground (iv) on the basis that the steps taken by the Secretary of State
