|| All ER (D) 94 (Oct)
Maurice Kay J
||Atim Oji (instructed by Anthony Ogunfeibo & Co) for the claimant.
||Andrew O'Connor (instructed by the Treasury Solicitor) for the Secretary of State.
||8 October 2002
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.
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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