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New case interprets Chikwamba. Again

New case interprets Chikwamba. Again

A new case from the Upper Tribunal (re-)interprets Chikwamba again: R (on the application of Idris) v The Secretary of State for the Home Department (IJR) [2015] UKUT 95 (IAC) [EDIT: curiously identical to R (on the application of Thakral) v The Secretary of State for the Home Department (IJR) [2015] UKUT 96 (IAC)].

Official headnote:

The Chikwamba v SSHD [2008] UKHL 40 [2008] 1 WLR 1420 principle is only engaged if, in the terms of [30] (a) of SSHD v Hayat (Pakistan) [2012] EWCA Civ 1054, the SSHD has refused the application in question “on the procedural ground that the policy requires that the applicant should have made the application from his home state”.

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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