Court of Appeal orders Home Office to reconsider Windrush ILR refusal

Date: Friday 28 November 2025
Author: Grace Brown

The Court of Appeal has directed the Home Office to review its refusal of Indefinite Leave to Remain (ILR) in a Windrush case, following an unlawful failure to properly exercise discretion.

The ruling highlights a significant procedural failing by the Home Office in handling an application under the Windrush Scheme. The Court found that the decision to refuse ILR was made without adequately considering the applicant’s circumstances in the exercise of discretion, which is required by law.

Key points from the ruling

The Home Office must reassess the ILR refusal by exercising its discretion properly.
The decision-making process was found to have been unlawful due to failure in applying discretion.
The judgment reinforces the need for fair and reasonable treatment of Windrush individuals seeking legal status after wrongful difficulties.

This judgment provides a crucial reminder that immigration decisions, especially under sensitive schemes like Windrush, must respect legal standards for discretion to avoid unfair denials.

“The failure to exercise discretion in this case was unlawful and requires reconsideration by the Home Office.”

The ruling reinforces that the Home Office cannot neglect discretion in cases involving vulnerable Windrush applicants, ensuring justice and fairness are upheld.

Garden Court Chambers — 2025-11-28

Court of Appeal orders Home Office to reconsider Windrush ILR refusal

Key points from the ruling

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