R (on the application of YC) (Appellant) v Secretary of State for the Home Department (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0097

Parties

Appellant(s)

Respondent(s)

Secretary of State for the Home Department

Issue

Does the Secretary of State for the Home Department have an implied statutory power to withdraw or vary a grant of indefinite leave to remain where, through an error by her officials, a letter granting such leave was sent to an asylum claimant instead of the letter granting limited leave to remain that she intended to be sent?

Facts

YC is a Chinese citizen born in 1971. He claimed asylum in the UK in 2019, following his apprehension by Border Force as an illegal entrant. He had been living in the country undocumented since 2000, when he came here assisted by traffickers. YC says he left China after being attacked by loan sharks. He claimed to be a refugee and that he had a well-founded fear of persecution if he returned to China. Before his asylum application was determined, YC was diagnosed with an incurable form of cancer, for which he is currently receiving palliative treatment. On 13 November 2023, the Home Office issued a decision letter (the “First Letter”) to YC on behalf of the Secretary of State for the Home Department (“SSHD”) stating that: (i) YC’s asylum application had been refused; but (ii) he had been granted permission to stay in the UK on the basis of his private life. The letter expressly stated that YC had been granted “settlement (also known as indefinite permission to stay)”. YC shortly thereafter received a Biometric Residence Permit which referred only to his having “leave to remain” and gave an expiry date of 31 December 2024. YC’s legal representatives wrote to the SSHD seeking clarification of his immigration status. The SSHD responded explaining that the First Letter had been sent in error due to a clerical error and attaching a second letter (the “Second Letter”) backdated to 8 November 2023 stating that YC had been granted permission to stay in the UK until 12 May 2026. The ‘Reasons for Decision’ section of the letter was identical to the First Letter. YC applied for judicial review of the SSHD’s decision to substitute the First Letter granting indefinite leave to remain with the Second Letter granting limited leave to remain. The Upper Tribunal dismissed YC’s claim, as did a majority of the Court of Appeal. YC now appeals to the Supreme Court.