Source: All England Reporter
Publisher Citation: [2005] All ER (D) 217 (Nov)
Court: Court of Appeal, Civil Division

Auld, Jonathan Parker and Lloyd JJ

Representation Raza Husain (instructed by TRP) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 November 2005


Immigration - Leave to enter - Spouse of refugee - Whether case truly exceptional such that entry clearance should not be required.

The Case

In all the circumstances, the IAT had properly considered whether the instant case was so exceptional that the appellant should not be required to comply with the requirement of the Immigration Rules to obtain entry clearance out of the United Kingdom before obtaining leave to remain as the spouse of an asylum seeker.

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