Jimoh (Respondent/Claimant) v Secretary of State for the Home Department (Appellant/Defendant)
Thursday 07 May 2026
The applicant, a Nigerian national resident in the UK since childhood, suffers from serious long‑term medical conditions requiring lifelong treatment. Although granted Indefinite Leave to Remain (ILR) in 2001, his status was invalidated after a 2006 drugs conviction and a deportation order, later revoked. He was then granted successive periods of Discretionary Leave (DL) for over 14 years. In 2023, he applied for ILR under the transitional DL policy, but the Secretary of State refused the application three times, relying on the historic conviction.
The High Court held that the transitional DL and Medical Claims policies created a strong presumption of settlement once the qualifying period was met. Reliance on the 2006 conviction was unlawful and undermined the policies’ purpose. The Secretary of State also failed properly to consider the applicant’s medical vulnerability and his child’s best interests. The decision was quashed and, given the inevitable outcome, the court ordered that ILR be granted rather than remitting the matter.
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