- Applied — Syed Tahseen Ahmed v Secretary of State for the Home Department 2023-09-28
“…etary of State for the Home Department [2010] EWCA Civ 773; [2011] 1 WLR 564 and followed in Balajigari and others v Secretary of State for the Home Department [2019] EWCA Civ 673; [2019] 1 WLR 4647 applied to decisions made by the Secretary of State in relation to decisions under section 40(3) of the 1981 Act. This meant that the Secret…”
- Followed — Amina Ahamed, R (on the application of) v London Borough of Haringey 2023-08-11
“…quiries. The general parameters of a public body’s duty to inquire was summarised by this court in R. (Balajigari) v Secretary of State for the Home Department [2019] EWCA Civ 673; [2019] 1 W.L.R. 4647 at [70]. That part of the summary which is relevant for present purposes is as follows:…”
- Followed — Helen Timson, R (on the application of) v The Secretary of State for Work and Pensions 2023-06-09
“…ed out by information provided by a utility provider alone. There are undoubtedly post-decision safeguards, but following R. (oao Balajigari) v. Home Secretary [2019] EWCA Civ 673 the judge held that these are not sufficient, both because of confirmation bias and because the negative consequences will bite long before the safeguard can r…”
- Distinguished — Helen Timson, R (on the application of) v The Secretary of State for Work and Pensions 2023-06-09
“…1994] 1 AC 531 at 560 and the judge failed to apply the law correctly. This involves distinguishing R(Balajigari) v. Secretary of State for the Home Department [2019] EWCA Civ 673.…”
- Cited — Sahra Moge v London Brough of Ealing 2023-04-27
“…mber of observations on the requirement for a housing authority to make inquiries before coming to a decision. He referred to the decision in Balajigari v SSHD [2019] EWCA Civ 673 as support for the proposition that the court should only interfere with the decision of a public body on the grounds of a failure to make reasonable inquiries…”
- Cited — Hubert Howard (deceased) (substituted by Maresha Howard Rose) v Secretary of State for the Home Department 2022-07-27
“…[2019] EWCA Civ 673, [2019] 1 WLR 4647. Since the…”
- Followed — Shamso Abdikadir v London Borough of Ealing 2022-07-15
“…decision. The general parameters of a public body’s duty to inquire was summarised by this court in R (Balajigari) v Secretary of State for the Home Department [2019] EWCA Civ 673, [2019] 1 WLR 4647 at [70]. That part of the summary which is relevant for present purposes is as follows:…”
- Cited — EOG v Secretary of State for the Home Department 2022-03-17
“…ionals without leave to remain are subject. He referred to para. 81 of the judgment of this Court in R (Balajigari) v Secretary of State for the Home Department[2019] EWCA Civ 673, [2019] 1 WLR 4647, where counsel’s summary of the relevant measures is quoted. It is fair to say that not all those measures will always have a grave impact o…”
- Cited — Malik Riaz Hussain & Anor. v Secretary of State for the Home Department 2021-11-26
“…The decisions in R (Balajigari and Others) v Secretary of State for the Home Department [2019] EWCA Civ 673 were taken under paragraph 322(5) of the Immigration Rules. At [37(2)] Underhill LJ stated that the rule “is only concerned with conduct of a serious character…”
- Followed — Ciftci v London Borough of Haringey 2021-11-26
“…inquiries. The general parameters of a public body’s duty to inquire was summarised by this court in R (Balajigari) v Secretary of State for the Home Department[2019] EWCA Civ 673, [2019] 1 WLR 4647 at [70]. That part of the summary which is relevant for present purposes is as follows:…”
- Cited — Laci v Secretary of State for the Home Department 2021-05-20
“…ully present in the UK: Mr Gill referred us to the summary at para. 81 of the judgment of this Court in Balajigari v Secretary of State for the Home Department [2019] EWCA Civ 673, [2019] 1 WLR 4647. It can be assumed that the Judge had all those in mind, but the only one which he specifically identifies, and to which therefore he presum…”
- Cited — Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) 2021-03-31
“…After a detailed review of the decision of this court in Balajigari v Secretary of State for the Home Department and Ors [2019] EWCA Civ 673 the President drew a distinction between two categories of case, namely (a) a refusal of an application made on Article 8 grounds that has the effect that the …”
- Applied — Wahid, R (On the Application Of) v Entry Clearance Officer 2021-02-25
“… visitor ("the refusal decision"). It is said to raise, amongst other things, the question of whether the procedural safeguards identified in Balajigari v SSHD [2019] EWCA Civ 673 ("Balajigari") in cases of alleged dishonesty apply to applications for entry clearance.…”
- Followed — Baldha & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-11-10
“…se, the tribunal decision was made following an oral hearing, but prior to the guidance of this court in Balajigari v Secretary of State for theHome Department [2019] EWCA Civ 673; [2019] 1 WLR 4647, handed down on 16 April 2019, in which, amongst other things, it was held (i) that the approach of the Secretary of State in such cases was…”
- Cited — Akram, R (On the Application Of) v Secretary of State for the Home Department 2020-08-12
“… pause to note that Judge Finch’s determination was about two months before this court gave judgement in Balajigari vSecretary of State for the Home Department [2019] EWCA Civ 673, which concerned the application of paragraph 322(5) in cases where an applicant for leave to remain had made declarations of different income for immigration …”
- Cited — Hameed v The Secretary of State for the Home Department 2019-07-31
“…view decision, leaving the substantive decision unchanged. In so far as he needs to, he relies upon Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673.…”
- Cited — The Secretary of State for the Home Department v BK (Afghanistan) 2019-07-30
“…wo stage subjective belief and objective assessment was not so clear. Mr Malik referred us to the recent decision of this court in Balajigari and others v SSHD [2019] EWCA Civ 673. The judgment in that case disposed of four appeals arising from the practice of the SSHD of comparing the level of earnings figures given in the appellants’ a…”
- Cited — MS (A child) v The Secretary of State for the Home Department 2019-07-30
“…y for itself and it may be required to resolve issue of fact in this context (see, for a recent example, Balajigari v Secretary of State for theHome Department [2019] EWCA Civ 673 especially at [104]). In this case, paragraph 2.3.5 of the Grounds of Claim pleaded that the alleged failure to investigate etc breached, not only Dublin III, …”
- Followed — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“…hey have recently been approved by the Court of Appeal (Underhill, Hickinbottom and Singh LJJ) in Balajigari & Ors v Secretary of State for the Home Department [2019] EWCA Civ 673, at paragraph [70] in the following way:…”