Immigration application cases

R (on the application of Forrester) v Secretary of State for the Home Department [2008] EWHC 2307 (Admin): “This is a classic example of a thoroughly unreasonable and disproportionate, inflexible, application of a policy, without the slightest regard for the facts of the case, or indeed elementary common sense and humanity. Such an approach diminishes, rather than encourages, respect for the policy in question.”

R (on the application of Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin): application fee may breach human rights where application is on human rights and applicant cannot afford fee (blog post here)

Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC): It is for UKBA to show that a fee has not ben paid if this is alleged. Further, the system of taking fees for postal applications risks being common law unfair.

BE (application fee: effect of non-payment) Mauritius [2008] UKAIT 00089: The application fee must be paid or made available for the application to be valid