Source: All England Reporter
Publisher Citation: [2002] All ER (D) 30 (Nov)
Court: Administrative Court
Judge:

Pitchford J

Representation Mark Mullins (instructed by Sutovic Hartigon) for the claimant.
  Elisabeth Grey (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 4 November 2002

Catchwords

Immigration - Asylum - Appeal - Claimant's brother granted exceptional leave to remain due to medical condition - Claimant submitting attempt to remove her disproportionate and inconsistent - Reasonableness of decision - European Convention on Human Rights, art 8.

The Case

The Secretary of State had not acted disproportionately or irrationally in circumstances where he refused to grant a claimant exceptional leave to remain, after her younger brother was granted such leave, as he was suffering from a medical condition, since the interference with their family life under art8 had been justified by his immigration policy.

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