IMMIGRATION: R (Mwangi) [2008] EWHC 3130

23 DEC 2008

(Queen's Bench Division; Administrative Court, Munby J; 18 December 2008)

The judge rejected the application for judicial review of a decision to refuse indefinite leave to remain to a person living with someone with indefinite leave to remain. The judge noted that the mere fact that a claim for judicial review was based on an explicitly 'family' immigration policy was no sufficient reason for putting the case before a nominated judge assigned to Family Division, any more than a listing before such a judge was to be justified simply because an application for judicial review was based on a claim to Art 8 protection for 'family life'. Some such cases might appropriately be directed to be heard by such a judge, but not all such cases would justify such a direction.

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