Odelola (FC) (Appellant) v Secretary of State for the Home Department (Respondent)

The House of Lords considered an appeal by Dr Odelola against the Secretary of State for the Home Department's decision to refuse her application for leave to remain in the UK as a postgraduate doctor. The appeal hinged on the interpretation of changes to the immigration rules that occurred after Dr Odelola submitted her application but before a decision was made. The primary legal issue was whether the new rules should apply to pending applications or only to those submitted after the rules were changed.

The court concluded that the new immigration rules, which were not subordinate legislation but rather policy statements by the Secretary of State, applied to all pending applications unless explicitly stated otherwise. The reasoning was based on the nature of the rules as policy statements subject to change and the principle that changes in policy should apply to all cases unless otherwise specified. The court also noted that while it was unfair for applicants like Dr Odelola to lose their application fees without any benefit, the rules' plain language and the absence of any transitional provisions mandated their application to all cases.

The House of Lords dismissed the appeal, affirming the decision of the Court of Appeal. The court held that the changes to the immigration rules applied to Dr Odelola's pending application, and thus her application was rightly refused under the new rules.