Source: All England Reporter
Publisher Citation: [2015] All ER (D) 92 (Feb)
Neutral Citation: [2015] EWHC 205 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

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

Representation Anton van Dellen (instructed by Abbott Solicitors) for the claimant.
  Russell Fortt (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 6 February 2015

Catchwords

Immigration - Leave to remain - Indefinite leave to remain - Claimant seeking judicial review of defendant Secretary of State's decision refusing indefinite leave to remain - Claimant submitting requirement to produce forms P60 and P45 or letter from Revenue and Customs Commissioners amounting to inadmissible criterion - Whether defendant erring in refusing claimant indefinite leave to remain - Immigration Rules.

The Case

Immigration Leave to remain. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision, refusing him indefinite leave to remain in the United Kingdom. The Administrative Court, in dismissing the application, held that, whether a requirement amounted to a request for evidence or to the imposition of a criterion was context-sensitive. In the context of the present case, a request for formal documentation of the claimant's asserted work history fell clearly on the 'evidence' side of the line and he could not complain that the Secretary of State had not been satisfied that he had fulfilled the relevant criteria.

Practice Areas

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