||All England Reporter
|| All ER (D) 397 (Jul)
|| EWCA Civ 774
||Court of Appeal, Civil Division
Sir Mark Potter P, Sedley and Wilson LJJ
||Amanda Jones (instructed by Malik & Malik) for the claimant.
||Nicola Greaney (instructed by the Treasury Solicitor) for the Secretary of State.
||25 July 2007
Immigration - Leave to remain - Refusal of leave - Claimant from Afghanistan entitled to exceptional leave to remain under policy then in force - Secretary of State finding that claimant not Afghan national but later conceding point being wrong - Claimant refused leave to remain - Whether Secretary of State's failure to apply policy even-handedly amounting to conspicuous unfairness.
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.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary