Source: All England Reporter
Publisher Citation: [2009] All ER (D) 296 (Jun)
Neutral Citation: [2009] EWHC 1402 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Mitting J

Representation The claimant did not appear and was not represented.
  Samantha Broadfoot (instructed by the Treasury Solicitor) appeared on behalf of the Secretary of State.
Judgment Dates: 8 June 2009

Catchwords

Immigration - Asylum seeker - Family amnesty - Fresh claim - Claimant from Pakistan unsuccessfully claiming asylum in United Kingdom - Claimant's wife and family arriving - Wife stating that claimant in Pakistan - Claimant applying for indefinite leave to remain on basis of family concession - Refusal by Secretary of State to treat claim as fresh claim and refusal to grant claimant and family indefinite leave - Whether claimant had returned to Pakistan after refusal of asylum claim and before arrival of family - Whether claimant living as family unit in UK - Immigration Rules, para 353.

The Case

Immigration Asylum seeker. Queen's Bench Division, Administrative Court (London): The decision of the Secretary of State that the claimant was not entitled to indefinite leave to remain under the family concession was unimpeachable.

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