Source: All England Reporter
Publisher Citation: [2013] All ER (D) 196 (Dec)
Neutral Citation: [2013] EWHC 3881 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Timothy Brennan QC (Sitting as a Deputy High Court Judge)

Representation Adrian Berry (instructed by CK Solicitors) for the claimant.
  Ben Lask (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 9 December 2013


Immigration - Deportation - Judicial review applications against removal directions - Claimant British overseas citizen renouncing Malaysian citizenship - Defendant Secretary of State attempting removal of claimant to Malaysia - Claimant being refused entry - Claimant seeking judicial review of removal decision and defendant's failure to apply limbo policy - Whether defendant erring in removal decision - Whether defendant erring in failing to apply limbo policy.

The Case

Immigration Deportation. The defendant Secretary of State attempted to remove the claimant British overseas citizen to Malaysia. He was refused entry, as he had renounced his Malaysian citizenship. The claimant sought judicial review of the removal decision and the Secretary of State's failure to grant discretionary leave to remain in accordance with her 'limbo policy'. The Administrative Court, in dismissing the application, held that the Secretary of State had clearly had reason to believe that the claimant would be admitted to Malaysia on arrival. Further, the claimant had not established his entitlement to benefit from the limbo policy.

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