RG, BAA and CAC v Secretary of State for the Home Department
10 Mar 2026
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The Upper Tribunal has handed down judgment allowing a claim for judicial review on behalf of three migrants who were part of the cohort of asylum seekers brought to the UK by HM Government from Diego Garcia in December 2024.
The Upper Tribunal held that the Home Secretary’s imposition of a condition on their leave removing their recourse to public funds was vitiated by public law errors. The Home Secretary had purported to take a decision in November 2024 that the applicants would have their access to public funds revoked on or about May 2025. That was an unlawful fetter on the Home Secretary’s decision because she had failed to take account of relevant considerations (including the best interests of the migrants’ minor children) as at May 2025. There was also a violation of the applicants’ rights under Article 1 of Protocol 1 of the ECHR, and in the case of the third applicant, her rights under Article 14 ECHR.
Natasha Simonsen acted for the second and third applicants, instructed by Leigh Day.
The judgment is available here.
