Source: All England Reporter
Publisher Citation: [2012] All ER (D) 16 (Jan)
Neutral Citation: [2011] EWHC 3445 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Stephen Morris QC sitting as a deputy judge of the High Court
Representation James Collins (instructed by Trott & Gentry Solicitors) for the claimant.
  Andrew Deakin (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 20 December 2011

Catchwords

Immigration - Leave to remain - Appeal - Claimant applying for indefinite leave to remain under 'one off exercise' - Defendant Secretary of State refusing application on grounds of past criminal act and involvement in terrorist organisation - Whether Secretary of State's decision irrational and/or Wednesbury unreasonable - 1951 Refugee Convention relating to the Status of Refugees, arts 1F(b), 1F(c) - 1967 Protocol relating to the Status of Refugees.

The Case

Immigration Leave to remain. The Administrative Court, in allowing the claimant's application for judicial review, held that the Secretary of State's decision to refuse his application for indefinite leave to remain under the 'One Off exercise to allow Qualifying Asylum Seeking Families to stay in the UK' had been unlawful and Wednesbury unreasonable.

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