High Court overturned refusal to grant ILR for failure to consider mental health evidence
In the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), High Court dismisses SSHD’s decision for not granting ILR because she failed to consider mental health evidence.
Permission for judicial review was granted on the basis that the SSHD did not consider three medical reports produced with the application at all.
Wall J, giving judgement in the High Court found (along with some other factors) that the SSHS failed properly summarise the relevant factors and that decision notice also contains several irrelevant considerations and illogical findings.
For example, holding against the claimant the fact that she was reluctant to engage with treatment when one of the main reasons for this was her perceived lack of secure immigration status.
Claimant History
The Claimant’s relevant immigration history is as follows. On 14th August 2000, the Claimant and her son Gary arrived in the UK as visitors on a six-month visa. Once that period had expired they remained here as over-stayers. In 2011 the Claimant and her son applied for leave to remain, which was granted on 25th January 2013 for a period of 30 months. Initially, it was granted on the basis that she was to have no recourse to public funds but thereafter (on 24th July 2014) that limitation was removed. The Claimant’s son was later killed. Thereafter, on 16th November 2016, the Defendant granted the Claimant a further 30 months leave to remain outside of the rules.
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