Odelola v Secretary of State for the Home Department - JustCite

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Odelola v Secretary of State for the Home Department

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Justis Editorial on 30 August 2011

Construction of Immigration Rules

The House of Lords handed down judgment in the case of Odelola v Secretary of State for the Home Department [2009] UKHL 25 on 20th May 2009. The appellant’s case concerned whether her application for leave remain was to be decided by the immigration rules in force when she made her application, or the version in force when her application came to be decided.

The House made reference both to the Immigration Act 1971 c. 77 and the Interpretation Act 1978 c. 30 and stated the rules were of an executive nature, not legislative. Decisions, unless transitional or saving provisions stated otherwise, would be taken under the latest version of the rules and the appeal was therefore dismissed. The appellant had paid a fee for an application that was doomed to fail, and the House suggested the Secretary of State might be minded to refund the fee.

database/2012-05-17T23:33:47.7365323Z/3280758

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