Jurisdiction(s):
United Kingdom

Section 3C e-visas: Court of Appeal (England and Wales) upholds staged rollout as rational; Padfield ground rejected; section 55 BCIA 2009 issue adjourned

Published on: 28 November 2025

Published by a LexisNexis Immigration expert

Legal News

Article summary

R (on the application of Refugee and Migrant Forum of Essex and London) and another v Secretary of State for the Home Department [2025] EWCA Civ 1843

What was the background?

This was an appeal brought by the SSHD against a decision of Mr Justice Cavanagh. Sitting in the High Court, Cavanagh J held that the failure to provide e-visa documentation to migrants with section 3C leave was irrational (see our summary here). He further decided that this omission did not run counter to the purposes of the IA 1971 and therefore did not offend the Padfield principle, with the consequence that the claimant failed on that ground. However, he concluded it infringed the ‘best interest of children’ principle under BCIA 2009, s 55, and the claimant succeeded on that basis. The SSHD subsequently lodged an appeal against that decision. Crucially, Lady Justice Laing had already granted a stay on 02 September 2024 in respect of the High Court’s determination. Accordingly, that ruling has, in consequence, not been binding for some time. In the Court of Appeal, the SSHD contended that her refusal to issue e-visas to individuals with section 3C leave was not irrational, and that...

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