Nadarajah v Secretary of State for the Home Department [2005] EWCA Civ 1363

Court of Appeal

Facts: N, a Sri Lankan national, challenged the decision to remove him to Germany under the Family Links Policy, arguing that his case should be considered substantively in the UK. N's wife, also an asylum seeker, was considered under the policy, but N’s claim was denied. The Family Links Policy was revised after N's application. N argued that he had an enforceable legitimate expectation that the policy would be applied to his case.

Held: The Court of Appeal dismissed the appeal, determining that while N fell within the revised policy, the Secretary of State’s interpretation of the policy was consistent with the original. N had no legitimate expectation entitling him to a substantive review of his claim in the UK based on the policy’s earlier version. The Secretary of State's actions were not deemed an abuse of power.

Judicial Statement: Laws LJ noted, “The Secretary of State’s interpretation of the Family Links Policy was honest and consistent with his understanding of the policy. The absence of a detrimental reliance by N and the lack of an unambiguous promise meant there was no legitimate expectation to compel the Secretary of State to reconsider N’s claim under the unrevised policy.”