Source: All England Reporter
Publisher Citation: [2009] All ER (D) 118 (Jan)
Neutral Citation: [2009] EWCA Civ 8
Court: Court of Appeal, Civil Division
Judge:

Sedley, Keene and Smith LJJ

Representation Zane Malik (instructed by Malik Law Chambers) for the claimant.
  Alan Payne (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 19 January 2009

Catchwords

Immigration - Leave for indefinite stay - Application on basis of long residence in United Kingdom - Fourteen years residence in UK - Refusal of claim - Whether immigration judge in error in approach to relevant rules - Relevance of use of false identity - Status of Secretary of State's guidance to case-workers - Immigration Rules, r 276B.

The Case

Immigration Leave for indefinite stay. Court of Appeal, Civil Division: The appeal of a claimant who had been refused indefinite leave to remain in the United Kingdom, in circumstances where his application was based on his 14 years' minimum residence in the UK, pursuant to r276B of the Immigration Rules was allowed. In allowing the appeal, the Court gave consideration to what had to be established under the rule, which was effectively an amnesty clause for those who had resided for more than 14years in the UK; to previous case law of the Asylum and Immigration Tribunal regarding the use of false identities by such claimants and to the status in law of the Immigration Directorate Instruction (IDI) by which Home Office officials were intended to exercise their judgment.

Practice Areas

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