Publisher Citation: [2002] All ER (D) 94 (Oct)
Court: Administrative Court
Judge:

Maurice Kay J

Representation Atim Oji (instructed by Anthony Ogunfeibo & Co) for the claimant.
  Andrew O'Connor (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 8 October 2002

Catchwords

Immigration - Leave to enter - Exceptional leave to remain - Special adjudicator recommending reconsideration of exceptional leave to remain - Secretary of State refusing leave to remain - Secretary of State referring to policy of only accepting recommendations in certain circumstances - Whether Secretary of State fettering discretion.

The Case

Although the Secretary of State's decision letter, by which he refused the claimant exceptional leave to remain in the United Kingdom, referred to a policy of only accepting recommendations for exceptional leave to remain in certain circumstances, the Secretary of State had not fettered his discretion to grant exceptional leave to remain.

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