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20 JUL 2012

Afzal v Secretary of State for the Home Department [2012] EWHC 1487 (Admin)

Immigration - Leave to remain - Reasonableness

The Defendant was entitled to conclude that it was not unreasonable to require the Claimant to return to Pakistan. The Defendant's failure to consider its obligation under section 55 of the Borders, Citizenship and Immigration Act 2009 was not a sufficient basis on which to quash the Defendant's decision.

31 May 2012

Administrative Court

Williams J

(1)        The Claimant, a Pakistani national, sought to challenge the Defendant's decision of 28 March 2012 to refuse him leave to remain. In support of his application, representations were made that the Claimant held a significant role in his community at a Reading Islamic Centre.

(2)        It was contended that:

(a)        The Defendant's decision was unlawful due to the decision maker failing to consider section 55 of the Borders, Citizenship and Immigration Act 2009 which required the Defendant to have regard to the need to "safeguard and promote the welfare of children in the United Kingdom" when making her decision.

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