Source: All England Reporter
Publisher Citation: [2014] All ER (D) 71 (Jan)
Court: Queen's Bench Division, Administrative Court
Judge:

Michael Fordham QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Paul Turner (instructed by Barnes Harrild and Dyer) for the claimant.
  Nicholas Chapman (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 January 2014

Catchwords

Immigration - Leave to remain - Indefinite leave to remain (ILR) - Claimant entering United Kingdom aged 9 years old - Claimant applying for ILR - Decision on application being delayed - Claimant committing criminal offences - Defendant Secretary of State granting claimant three years' discretionary leave to remain (DLR) and not ILR - Claimant applying for judicial review of Secretary of State's decision to grant him DLR and not ILR - Whether Secretary of State owing a public law duty to grant claimant ILR notwithstanding the circumstances as they stood at decision date - Whether Secretary of State failing in public law duty to have regard to all the relevant features of the case.

The Case

Immigration Leave to remain. The decision on the claimant's application for indefinite leave to remain (ILR) had been delayed and, in the meantime, the claimant had committed certain criminal offences. In light of his offending, the defendant Secretary of State granted the claimant three years' discretionary leave to remain (DLR) rather than ILR. The Administrative Court dismissed the claimant's application for judicial review of the Secretary of State's decision to grant him DLR and not ILR as there had been no unlawful failure on the part of the Secretary of State to decide the claimant's ILR application at an earlier opportunity and she had not failed to have regard to all the relevant features of the case.

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