The Claimant was represented by Alex Grigg, of the Garden Court Immigration and Public Law Teams, instructed by Darren Middleton of Duncan Lewis Solicitors.
The High Court found that decisions to cancel a tourist’s leave to enter, and detain her under immigration powers were unlawful.
The Claimant was a Brazilian national, who had visited the UK to see her boyfriend and other friends. While here, she began to volunteer for a hostel in exchange for accommodation and two meals a day. She was encountered there by immigration officers, who cancelled her leave and detained her on the basis that she had been working in breach of her conditions as a visitor.
Accepting the Claimant’s argument advanced by Alex Grigg, the High Court described the Home Office’s procedure as “slipshod”, holding that the Home Office had failed to follow its own rules and guidance. In particular, the Claimant had not been given an opportunity to provide her explanation before the decisions to cancel her leave and detain her were taken. Once the Claimant did provide her explanation in subsequent correspondence, it was ignored by the Home Office. The decision to detain the Claimant was based on the unlawful decision to cancel her leave, and was therefore also unlawful.
Significantly, the High Court rejected the Home Office’s contention that the decision to cancel the Claimant’s leave would inevitably have been the same, even if proper regard had been had to the Claimant’s explanation that she had made an innocent error. The case is a reminder that cancellation of leave for breach of conditions is discretionary, not inevitable, and Home Office decision-makers must be open to considering explanations of an innocent mistake or other mitigating circumstances.
The case has been transferred to the County Court for damages for unlawful detention to be assessed.
Read the full judgment here: R (Thadeu) v Secretary of State for the Home Department [2025] EWHC 736 (Admin).
The Claimant was represented by Alex Grigg, of the Garden Court Immigration and Public Law Teams. To find out more about Alex’s practice, please click here.
