Source: All England Reporter
Publisher Citation: [2012] All ER (D) 59 (Jun)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Christopher Symons QC sitting as a deputy High Court judge (judgment delivered extempore)

Representation Louise Hooper (instructed by Asylum Aid) for the claimant.
  James Cornwell (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 13 June 2012

Catchwords

Immigration - Leave to remain - Appeal - Claimant applying for indefinite leave to remain - Claimant relying on seven-year child discretion as an adult - Secretary of State granting three-year leave to remain - Whether Secretary of State erring - Art 8 of the European Convention on Human Rights.

The Case

Immigration Leave to remain. The Administrative Court, in dismissing the claimant's application for judicial review, held that the claimant had not qualified for the 'seven year child concession' and that the Secretary of State had not acted unlawfully in granting the claimant discretionary leave to remain for three years.

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