Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

Edgehill & Anor v Secretary of State for the Home Department

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE LAWS
  • LADY JUSTICE BLACK

Areas of Law

  • Administrative Law
  • Human rights Law
  • Civil Procedure

AI Generated Summary

The Court of Appeal (Lord Justice Jackson, with Lady Justice Black and Lord Justice Laws agreeing) resolved two linked appeals by JE (Jamaican) and HB (Mauritian) concerning whether decision makers and tribunals could rely on the new 20-year private life requirement in Rule 276ADE (iii) to refuse Article 8 ECHR applications lodged before 9 July 2012. Emphasising the Statement of Changes’ transitional provision that pre–9 July applications must be decided under the rules in force on 8 July 2012, and applying Mahad’s approach to construing the Rules, the court held that material reliance on Rule 276ADE (iii) in such cases is unlawful, though passing reference is harmless. Applying this, JE’s Upper Tribunal decision was quashed and remitted because the 20-year rule materially influenced it; HB’s appeal was dismissed because the 20-year requirement played no material role and evidence supported continuing ties to Mauritius.