Source: All England Reporter
Publisher Citation: [2015] All ER (D) 08 (Dec)
Neutral Citation: [2015] UKUT 662 (IAC)
Court: Upper Tribunal (Immigration and Asylum Chamber)
Judge:

Collins J

Representation Danny Bazini (instructed by David Tang & Co) for the first claimant.
  Ramby de Mello (instructed by David Tang & Co) for the second to fifth claimants.
  Julie Anderson (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 23 November 2015

Catchwords

Immigration - Leave to remain - Grant based on false information - Defendant Secretary of State refusing to transfer 'no time limit' stamp from claimants' immigration status documents to their passports and to issue biometric residence permit as grant of indefinite leave to remain (ILR) being based on false information - Claimants seeking judicial review - Whether Upper Tribunal (Immigration and Asylum Chamber) having jurisdiction to determine claim - Immigration (Biometric Registration) Regulations 2008, .

The Case

Immigration Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) held that it had jurisdiction to determine a challenge to the refusal to transfer a 'no time limit' (NTL) stamp from the document given on grant of indefinite leave to remain (ILR) on the basis of false information.Where NTL was applied for following incorrect information which led to ILR, the Secretary of State should notify the claimant of the need to show cause why ILR should not be revoked.

Practice Areas

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