R (on the application of VY) v Secretary of State for the Home Department


The Applicant had appealed against the refusal of a permanent residence card as the family member of a qualified person. The Secretary of State initially disputed that she had made a decision carrying a right of appeal but, after this issue was determined in the Applicant’s favour, withdrew the decision and said she would issue the card sought. The Applicant therefore agreed to the withdrawal of his appeal.

Subsequently, the Secretary of State reneged on her promise, refusing to issue the card or even to reconsider the application, and maintaining that there had been no right of appeal against the earlier decision.

The Applicant lodged a judicial review claim, arguing that the promise to issue a permanent residence card – which had induced him to consent to the appeal’s withdrawal – had created a legitimate expectation which the Secretary of State was now unjustifiably seeking to frustrate. After permission was granted on the papers, the Secretary of State agreed to issue the document sought.

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