The Case

Immigration Leave to remain. Where the Afghani claimant had applied for asylum in the United Kingdom at a time when there was a policy of granting four years' exceptional leave to remain to Afghan asylum seekers, but where the Secretary of State had refused his claim on the basis that he was not a citizen of Afghanistan, a point which was later conceded was wrong, the history of the instant case did not display anything that could be called conspicuous unfairness on the part of the Home Office. There had been no legal obligation to place the claimant in the same position as if his nationality had been accepted in the first place.