Click here to read the full article: Secret STOP marker policy and implications (Rosina Davis v SSHD) | News | LexisNexis
Immigration analysis: In judicial review proceedings arising from Ms Davis’s detention at Heathrow following an erroneous STOP marker on the Home Office Warnings Index (WI), Mr Justice Cavanagh rejected broad challenges to the lawfulness and non-publication of the STOP marker policy, but held that the Secretary of State acted unlawfully by failing to remove the marker in breach of her own policy. The court also declared an ongoing breach of the PSED, given the absence of completed equality impact consideration for Schedule 2 examinations. The judgment underlines that unpublished immigration control policies may be lawful, but must be followed, and offers practitioners a route to challenge unlawful stops through SARs, pre-action disclosure and damages claims. Produced in partnership with Matt Ingham, partner and head of Citizenship and Immigration at Payne Hicks Beach LLP.
For further information, please contact Matt Ingham by email or on 020 7465 4300.
