Source: All England Reporter
Publisher Citation: [2005] All ER (D) 255 (Nov)
Court: Queen's Bench Division (Administrative Court)

Bennett J

Representation Usha Sood (instructed by French & Co) for the claimant.
  Jenni Richards (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 November 2005


Immigration - Illegal entrant - Application for exceptional leave to remain - Marriage to British citizen - Human rights claim - Whether Secretary of State erring in refusing leave to remain - Whether Secretary of State erring in certifying human rights claim as clearly unfounded - , Immigration and Asylum Act 2002, s 94 - European Convention on Human Rights, art 8..

The Case

In the circumstances, the defendant Secretary of State had not erred in refusing the claimant's application for leave to stay on the basis of his marriage. Moreover, the Secretary of State had been entitled to certify the claimant's human rights claim as clearly unfounded, pursuant to s94 of the .

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