Source: All England Reporter
Publisher Citation: [2011] All ER (D) 103 (Jan)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Judge Christopher Symons QC (judgment delivered extempore)

Representation Patrick Lewis (instructed by Lawrence Lupin Solicitors Ltd) for the claimant.
  Colin Thomann (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 January 2011

Catchwords

Immigration - Leave to remain - Minor - Removal directions - Claimant applying for leave to remain in United Kingdom relying on status as minor with seven years' residence - Application being refused by Secretary of State as claimant aged over 18 at time of refusal and passport containing forged stamps - Appeal against removal directions being dismissed - Claimant seeking judicial review - Whether Secretary of State erring in refusal of application for leave to remain.

The Case

Immigration Leave to remain. The Administrative Court quashed the removal direction against the claimant on the ground that, in the circumstances, the Secretary of State had erred in refusing his application for leave to remain as a child with seven plus years' residence in the United Kingdom in accordance with policy DP5-96.

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