“…on¸ recognised that Parliament might enact retrospective legislation, and he referred to the decision in Secretary of State for the Home Department vR (Khadir) [2003] EWCA Civ 475, in which similar words of a new statute (the new provision must be “treated as always having had effect”) were applied retrospectively without qualification. …”
“…the claimant remained on TA. Finding a safe route for Iraqi Kurds to return to the KAA “was still being investigated” (see Kennedy LJ in the Court of Appeal at [2003] EWCA Civ 475 at [11]). The decision under review was that of 3rd May 2002 to refuse to grant Exceptional Leave to Enter (“ELE”). The period during which it was claimed the …”