R (on the application of SM and others) v Secretary of State for the Home Department; R (on the application of SR and another) v Secretary of State for the Home Department (Coram Children’s Legal Centre intervening) [2013] EWHC 1144 (Admin), [2013] All ER (D) 78 (May)
In finding that the “discretionary leave” policy of the secretary of state was lawful, the court held that it was a well established principle that the duty under s 55 of the Borders, Citizenship and Immigration Act 2009 applied, not only to how children were looked after in the UK while decisions about their immigration were being made, but also to the decisions themselves.
