Source: All England Reporter
Publisher Citation: [2016] All ER (D) 200 (Jan)
Neutral Citation: [2016] EWCA Civ 25
Court: Court of Appeal, Civil Division

Longmore, Gloster LJJ and Henderson J

Representation Christopher Jacobs (instructed by Kamberley Solicitors) for the appellant.
  Neil Sheldon (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 26 January 2016


Immigration - Leave to remain - Indefinite leave to remain - Appellant applying for indefinite leave to remain based on continuous long residence in United Kingdom - Application being refused as appellant not having requisite 14 years residence - Immigration Rules changing and continuous period of qualifying residence becoming 20 years - Appellant being notified of removal decision - First-tier Tribunal (Immigration and Asylum Chamber) dismissing appeal on basis respondent Secretary of State having been correct to refuse leave to remain - Upper Tribunal dismissing appeal on basis continuous period of residence not having satisfied Immigration Rules at any point - Whether appellant having accrued 14 years continuous residence by date removal decision being date - Immigration Rules(HC365), para 276B - Immigration Rules (HC194), para 276ADE.

The Case

Immigration Leave to remain. The Court of Appeal, Civil Division, dismissed an appeal against the refusal of indefinite leave to remain, which had been upheld by the Immigration and Asylum tribunals. At no point in the chronology of his case could the appellant have made an application for leave to remain which met the requirements of the Immigration Rules that had been in force at the time the application was made or at the time at which such application was decided.

Practice Areas

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