Source: All England Reporter
Publisher Citation: [2010] All ER (D) 58 (Nov)
Neutral Citation: [2010] EWHC 2751 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Rafferty J
Representation Benjamin Hawkins (instructed by Lawrence Lupin Solicitors) for the claimant.
  Christopher Staker (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 4 November 2010

Catchwords

Immigration - Leave to remain - Appeal - Claimant national of Ghana - Claimant joining mother and new family in United Kingdom - Claimant applying for leave to remain - Application rejected by Secretary of State - Whether Secretary of State erring - Nationality Immigration and Asylum Act 2002, - Immigration and Asylum Act 1999, s 10.

The Case

Immigration Leave to remain. The Administrative Court refused the claimant's application for judicial review on the basis that although the Secretary of State had a power to make a removal decision simultaneously with a refusal of leave, there was no duty upon her to do so.

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