Source: All England Reporter
Publisher Citation: [2010] All ER (D) 262 (May)
Neutral Citation: [2010] EWHC 1227 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Geraldine Andrews QC sitting as a deputy judge of the High Court

Representation Simon Cox (instructed by Fisher Meredith LLP) for the claimant.
  Carine Patry Hoskins (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 26 May 2010

Catchwords

Immigration - Leave to remain - Immigration rules - Claimant Egyptian national entering United Kingdom on entry visitor visa and marrying British citizen - Claimant being main carer of wife suffering serious long-term physical and mental health problems - Claimant applying to defendant Secretary of State for leave to stay in UK as spouse of person present and settled in UK - Secretary of State refusing application but granting discretionary leave to remain - Claimant seeking indefinite leave but Secretary of State refusing as claimant falling outside of immigration rules and within asylum policy instruction - Whether Secretary of State erring - Whether claimant meeting indefinite leave to remain criteria in rules - Whether irrational or unlawful if rules requiring compliance with substantive and procedural requirements - Whether policy to be laid before Parliament - Immigration Rules, paras 287, 281 - European Convention on Human Rights, art 8 - s 3(2).

The Case

Immigration Leave to remain. The Administrative Court dismissed the claimant's application for judicial review against the Secretary of State's decision to not grant indefinite leave to remain because the claimant fell outside of the Immigration Rules and held that the procedural requirement in para287 of the Rules had not been met by the claimant.

Practice Areas

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