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Case details

R (on the application of Toraane and another) (AP) (Appellants) v Secretary of State for the Home Department (Respondents)

Case ID: 2021/0195

Case summary

Issue

The Home Secretary’s Vulnerable Persons Resettlement Scheme indirectly discriminates against Palestinian refugees from Syria. This gives rise to three issues. (1) Is that discrimination justified? (2) Is that discrimination irrational? (3) Does section 149(1) of the Equality Act (the “EA 2010”), which requires public authorities to have due regard to equality issues, apply outside of the UK?

Facts

The scheme resettles in the UK those vulnerable refugees who have fled the conflict in Syria and who are referred to the scheme by the United Nations High Commissioner for Refugees (the “UNHCR”). The appellants are Palestinian refugees from Syria who, by virtue of being Palestinian, are excluded from the mandate of the UNHCR and so effectively excluded from being resettled under the Scheme.

The appellants challenged the Scheme on the ground that it unlawfully discriminated against them as Palestinians, contrary to section 29(6) of the EA 2010, and that the Home Secretary had failed to have due regard to its equality implications when setting up the Scheme, contrary to section 149(1) of the EA 2010.

The Court of Appeal held that while section 29(6) had extraterritorial effect, such that there was indirect discrimination against the appellants, that discrimination was justified. It also held that section 149(1) did not have extraterritorial effect. The Appellants now seek to appeal to the Supreme Court.

Judgment appealed

[2021] EWCA Civ 348

Parties

Appellant(s)

Saleh Mohammed Toraane and another

Respondent(s)

Secretary of State for the Home Department

Appeal

Justices

Lord Reed, Lord Hodge, Lord Burrows, Lady Rose, Lord Richards

Hearing start date

9 March 2023

Hearing finish date

9 March 2023