ecretary of State for the Home Department, ex p Zakrocki [1996] 1 CCLR 374 (QBD)

Unreasonableness – balancing exercise

The Home Secretary’s refusal to grant leave to remain to a Polish couple so that they could look after their disabled brother who was a United Kingdom citizen, was Wednesbury unreasonable when .

the Secretary of State for the Home Department to refuse to grant leave to remain outside the immigration rules to carers of a disabled when:

a) the view of the social services authority was that this care arrangement was the only suitable arrangement having regard to the government’s community care policies;

b) the Secretary of State for the Home Department rejected that view apparently on the basis of no enquiries and no evidence; and

c) the Secretary of State for the Home Department had not weighed against the need for firm and fair immigration control, the disabled person’s right to remain in the United Kingdom and to be looked after in accordance with the policies and duties applicable to United Kingdom citizens.

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