| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 146 (Jun) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | David Holgate QC sitting as a deputy judge of the High Court (judgment delivered extempore) |
| Representation | Shuyeb Muquit (instructed by Chris & Co Legal Services) for the claimant. |
| Matthew Gullick (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 22 June 2012 |
Catchwords
Immigration - Appeal - Certification of claims as 'clearly unfounded' - Claimant entering UK on student visa - Claimant living in UK as dependant of mother - Claimant living with aunt and sister after death of parents - Claimant's applications for further leave to remain being refused - Claimant making representations to remain in UK in accordance with right to family life - Defendant Secretary of State certifying claimant's claim as clearly unfounded - European Convention on Human Rights, art 8.
The Case
Immigration Appeal. The Administrative Court, in allowing the claimant's application for judicial review of the defendant Secretary of State's decision to certify her claim under art8 of the European Convention as clearly unfounded, held that there was a realistic prospect of success on appeal.
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