||All England Reporter
|| All ER (D) 254 (Feb)
|| EWCA Civ 161
||Court of Appeal, Civil Division
Sedley, Rimer and Sullivan LJJ
||Ramby de Mello and Tony Muman (instructed by JM Wilson) for the claimant.
||David Blundell (instructed by the Treasury Solicitor) for the Secretary of State.
||23 February 2011
Immigration - Leave to remain - Appeal - Overstayer - Secretary of State refusing application for leave to remain - Secretary of State not making removal decision - Whether Secretary of State acting unreasonably.
Immigration Leave to remain. The Court of Appeal, Civil Division, held that it would be contrary to the policy and objects of the to impose an obligation on the Secretary of State when refusing an overstayer's application for leave to remain to make at the same time an appealable refusal decision so as to confer a right of appeal.
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