Source: All England Reporter
Publisher Citation: [2011] All ER (D) 174 (Nov)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Timothy Brennan QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Philip Nathan (instructed by Scudamores) for the claimant.
  Rory Dunlop (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 November 2011

Catchwords

Immigration - Leave to remain - Appeal - Claimant applying for asylum - Asylum claim being refused - Claimant appealing - Appeal being refused - New document being disclosed by defendant Secretary of State - Claimant applying for statutory review - Statutory review being granted - Policy on leave to remain for refugees being changed - Claimant being granted limited leave to remain following rehearing - Whether Secretary of State erring in finding that Claimant did not qualify for exception to new policy on leave to remain - Whether Secretary of State erring in not considering claimant for indefinite leave to remain.

The Case

Immigration Leave to remain. The Administrative Court, in dismissing the claimant's application for judicial review, held that the claimant had not been subjected to a significant delay in actioning his appeal and therefore did not qualify to be considered for indefinite leave to remain in the United Kingdom.

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