| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 254 (Feb) |
| Neutral Citation: | [2011] EWCA Civ 161 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sedley, Rimer and Sullivan LJJ |
| Representation | 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. | |
| Judgment Dates: | 23 February 2011 |
Catchwords
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.
The Case
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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