R (MK) v Secretary of State for the Home Department [2019] EWHC 3573
David Manknell and Jo Moore (led by Lisa Giovannetti QC), instructed by the Government Legal Department, acted on behalf of the Secretary of State for the Home Department in a complex judicial review involving a systemic challenge to the speed of Home Office decision-making in respect of unaccompanied asylum-seeking children. Mr Justice Saini held, in respect of the ‘systemic’ challenge to decision-making generally, that there was no breach of the duty to treat the best interests of children as a primary consideration, nor did the Home Office’s arrangements amount to a breach of the European Convention on Human Rights (Article 8 and 14). Additionally, the delay in the Claimant’s individual case was not unlawful and did not amount to a breach of his Article 8 rights.
