A few higher court immigration cases came out recently, on which I will post in due course. One was HG & Ors v SSHD  EWHC 2685 (Admin), in which Mr Justice Underhill grappled with the Legacy backlog and the five year wait faced by many Legatees. In other related news, Phil Woolas recently claimed that the Home Office is on track to finish the exercise by summer 2011 and the Home Office have said they are aiming to complete all urgent cases by March 2010.
In HG, Underhill J held that generally there was nothing unlawful about the failure to decide priority cases sooner than March 2010. However, there is room for challenging a Home Office decision that a particular case does not fall within the ‘truly exceptional or compassionate cases’ priority category, which covers cases that have been ‘seriously mishandled’ or where there are ‘compelling compassionate circumstances’. Wanting to travel abroad to visit a seriously ill close relative falls within this category, but good medical evidence on the relative’s condition and illness is needed.