||All England Reporter
|| All ER (D) 253 (Feb)
|| EWHC 391 (Admin)
||Queen's Bench Division, Administrative Court (London)
Philip Mott QC (Sitting as a Deputy High Court Judge)
||Paul Corben (instructed by Martynsrose Solicitors) for the claimant.
||Mathew Gullick (instructed by the Treasury Solicitor) for the Secretary of State.
||20 February 2015
Immigration - Leave to remain - Indefinite leave to remain - Claimant Nigerian national obtaining indefinite leave to remain irregularly by dishonest Home Office employee - Claimant seeking judicial review of decision of defendant Secretary of State to refuse him leave to enter United Kingdom as returning resident and to remove him to Nigeria - Whether claimant being granted effective indefinite leave to remain - Whether claimant having in-country right of appeal - Whether reasonable to immediately remove claimant.
Immigration Leave to remain. The claimant Nigerian national challenged the decision of the defendant Secretary of State to refuse him leave to enter the United Kingdom as a returning resident and to remove him to Nigeria. The Administrative Court, in dismissing the application, held that, in circumstances where the letter purporting to grant the claimant indefinite leave to remain (ILR) had been procured irregularly by a dishonest Home Office employee, there was no record of a genuine decision to grant ILR to the claimant. Accordingly, his ILR had not been cancelled, giving him an in-country right of appeal, and it had been reasonable and lawful to immediately return him.
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