- Followed — SPM (R on the application of) v Secretary Of State For The Home Department 2023-07-04
“…hts, and in this case the breach of those rights invalidated the detention. The appellant relied on the following passage from R (Lumba) v SSHD [2011] UKSC 12; [2012] 1 AC 245 per Lord Dyson JSC at [65]:…”
- Cited — The Good Law Project, R (on the application of) v The Prime Minister & Ors 2022-12-01
“…tive should comply with its policies unless there was good reason not to do so: see R (WL(Congo)) v. Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245, and Mandalia at [29]-[31]. It was, however, also common ground at the conclusion of the hearing that not every failure by the executive without good cause to …”
- Approved — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“… p. 706, have been approved in many cases subsequently, including by the Supreme Court in R (Lumba) v Secretary of State for the Home Department[2011] UKSC 12; [2012] 1 AC 245, at para. 30, where Lord Dyson JSC said that those principles reflect the basic public law duties to act consistently with the statutory purpose (Padfield) and…”
- Cited — Lopes, R (On the Application Of) v Secretary of State for the Home Department & Anr 2021-05-27
“…In Lumba v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245, the Supreme Court held, among other things, that a decision-maker who adopts a policy governing the exercise of a statutory discretion must publish it and fol…”
- Cited — End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions 2021-03-15
“…olicy in accordance with a secret policy which is different from its published policy (see R (Lumba) v. Secretary of State for the Home Department [2011] UKSC; [2012] 1 AC 245. That second aspect is not engaged. Neither, in our judgment, is the first engaged. The written policies in question are not directed at the public, in order t…”
- Cited — Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students 2020-08-14
“…Ms Simor relied on the case of R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245 for the propositions that any guidance which sets out how decision-makers should exercise their discretionary powers must be published; that decision-makers ar…”
- Cited — Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students 2020-08-14
“…ed, the relevant law as to the publication of the policies of a public body is authoritatively stated in R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245, where Lord Dyson JSC said:…”
- Cited — AC (Algeria), R (On the Application Of) v The Secretary of State for the Home Department 2020-01-28
“…The principles were re-stated by Lord Dyson in R (Lumba) v SSHD [2012] 1 AC 245 at [22]:…”
- Cited — Lloyd v Google LLC 2019-10-02
“…their right to exercise such control, … deserving of substantial (as opposed to nominal) compensation”. R (Lumba) v. Secretary of State for the Home Department [2012] 1 AC 245 at [97-100] (“Lumba”) had held that it was wrong in principle to make an award of vindicatory damages, merely to mark the commission of the wrong. The Court of…”
- Cited — ASK, R (On the Application Of) v The Secretary of State for the Home Department 2019-07-16
“…Of the administrative power to detain, Lord Dyson JSC said in R (Lumba) v Secretaryof State for the Home Department [2011] UKSC 12; [2012] 1 AC 245 (“Lumba”) at [34]:…”
- Cited — TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department 2019-05-03
“…In R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245 (“Lumba”) foreign nationals against whom deportation orders had been made, and who had been detained under immigration powers, successfully challenged the lawf…”
- Followed — The Secretary of State for the Home Department v Lucas, R (On the Application Of) 2018-11-16
“…der paragraph 2(3) of Schedule 3. Over time, these principles have become honed; and, in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245 at [22], Lord Dyson JSC summarised them in four propositions, as follows:…”
- Cited — Secretary of State for the Home Department v G (Algeria) 2018-11-08
“…id not fall within its terms. She relied on the well-known observations of Lord Dyson in R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12, [2012] 1 AC 245, about the need for a policy relating to detention to be transparently identified through formulated policy statements. Collins J did not regard those observat…”
- Cited — Save Britain's Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors 2018-10-04
“…The two principal promise cases are AG of Hong Kong, and R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245. In the former, a senior immigration officer announced that government policy was that each illegal entrant from Macau would be interviewed and his case ‘treat…”
- Cited — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…rsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 (“the Hardial Singh principles”).…”
- Explained — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…rcise a power of immigration detention pending removal of an individual from the UK: see R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12; [2012] 1 AC 245, [106]-[108] and [121] (Lord Dyson JSC). However, it also has a bearing on the risk of absconding, as explained in Lumba at [109] by Lord Dyson, since if a per…”
- Followed — Help Refugees Ltd, R (on the application of) v The Secretary of State for Home Department & Anor 2018-10-03
“…er must follow his published policy, unless there is a good reason for not doing so (see R (Lumba) v Secretary of State for the Home Department [2011] UKHL 12; [2012] 1 AC 245 at [26] per Lord Dyson JSC, at [202] per Baroness Hale of Richmond JSC and at [313] per Lord Phillips of Worth Matravers PSC). Therefore, where there is a poli…”
- Followed — EM, R (on the application of) v The Secretary of State for the Home Department 2018-05-15
“…SHD has adopted parts of the Convention as her own policy in guidance, she must follow that guidance unless there is good reason not to do so: R (Lumba) v SSHD [2012] 1 AC 245, Lord Dyson at [26-39]; R (Galdikas) v SSHD [2016] 1 WLR 4031, Sir Stephen Silber at [66].…”
- Cited — VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-02-02
“…3] INLR 196 at [46], repeated by him in the Supreme Court in Lumba and Mighty v Secretary of State for the Home Department(Justice intervening) [2011] UKSC 12, [2012] 1 AC 245 at [22] (“Lumba’s case”), with the agreement of a majority of the court. It was also endorsed by Lord Wilson in R (O) v Secretary of State for the Home Departm…”
- Followed — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“…en making her decision, or that these statements constituted policy statements which the decision-maker was bound to follow under the principle in Lumba v SSHD [2012] 1 AC 245. It follows in my judgment that the Upper Tribunal was wrong to treat the policy statements as giving rise to remedies in public law, and that the appeal shoul…”
- Cited — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“…y Lord Bingham CJ in ex p. Kebilene [2000] 2 AC 326, at 399, cited by Arden LJ at para. 128 above: see in particular the decision of the Supreme Court in Lumba [2012] 1 AC 245, referred to by Arden LJ at para. 131 above. In so far as the reasoning of Lord Bingham CJ in Kebilene was based on the fact that some statements by ministers …”