A Jamaican man who was unlawfully denied a spouse visa to join his sick wife in the UK has finally won his legal battle — but heartbreakingly, the judgment came too late. His wife passed away in 2024, shortly after giving birth to their child, and he will now not be granted entry to the UK as a spouse.
The Court of Appeal’s ruling in R (Tomlinson) v Secretary of State for the Home Department [2025] EWCA Civ is a tragic reminder of the human cost of delays and poor decision-making in the immigration system.
Background
Mr Tomlinson, a Jamaican national, came to the UK in 2000 and later overstayed his visa. In 2011, he was sentenced to five years in prison and deported in 2016.
In 2019, he married a British citizen in Jamaica. The couple lived in France, but his wife was receiving essential medical treatment in the UK. In 2020, Mr Tomlinson applied to join her in the UK, stating that his presence was critical to her care due to her deteriorating health.
The application was refused due to a deportation order. He appealed, and in 2022, the First-tier Tribunal ruled in his favour, finding that his removal breached their Article 8 right to family life under the European Convention on Human Rights.
The Home Office revoked the deportation order in 2023 but required Mr Tomlinson to make a fresh visa application.
Second Refusal and Legal Challenge
In July 2023, Mr Tomlinson applied for a spouse visa. The Home Office refused again in August 2023, citing his criminal record — the same reason for the original deportation. The refusal did not refer to the previous tribunal ruling.
He launched judicial review proceedings. Though initially dismissed by the Upper Tribunal, the Court of Appeal found in 2025 that the Home Office was legally bound by the previous tribunal’s findings — unless there had been a significant change in circumstances. There was none.
The court reaffirmed that legal determinations by a tribunal must stand, even if the type of decision changes — from a deportation order to a visa refusal. The Home Office’s refusal was therefore both unlawful and unreasonable.
A Hollow Victory
Although the legal outcome was in Mr Tomlinson’s favour, it came too late. His wife died in November 2024. As a result, he can no longer be granted entry as a spouse.
The Court expressed “considerable sympathy” but stated it had no power to grant entry clearance directly.
Conclusion
This case stands as a painful example of how delays and legal missteps can destroy families. The law was ultimately on Mr Tomlinson’s side — but justice, in his case, arrived too late to make a difference.
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