Hippolyte (claimant/appellant) v Secretary of State for the Home Department (defendant/respondent) скачать в хорошем качестве

Hippolyte (claimant/appellant) v Secretary of State for the Home Department (defendant/respondent)

Wednesday 15 October 2025 Before The President of the Family Division Lord Justice Singh Lady Justice Andrews This is an appeal against the decision of Mr Justice Sheldon dated 20 November dismissing the claim for judicial review after a substantive hearing. The appellant challenges the decision of the respondent refusing to grant her indefinite leave to remain under the Windrush Scheme. The applicant did not satisfy one of the specific requirements of the Windrush Scheme – that she should have been continuously resident in the United Kingdom following her entry as a child. She argued that the respondent acted unlawfully in that she failed to consider exercising her discretion under section 3(1)(b) of the Immigration Act 1971 and that it was in breach of her Article 14 and Article 8 rights. The Judge found that even if discretion was applied, the outcome would not have been any different. Further it was found that Article 14 of the convention was not breached as it outweighed the importance of the objective the respondent seeks to achieve.