‘The Court of Appeal (Baker and Elisabeth Laing LJJ, Sir Nicholas Underhill) has allowed the Home Secretary’s appeal against the High Court’s finding that her failure to provide digital documentation confirming the status of those on section 3C leave breached her duty under section 55 of the Borders, Citizenship and Immigration Act 2009. The section 55 duty requires her to have regard to the welfare of children when discharging her immigration functions. The appeal was upheld essentially on procedural grounds comprising a confluence of (i) the claimant’s defective pleadings, and (ii) the prejudice caused to the defendant as a result.’
Administrative Court Blog, 19th February 2026
