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20 JUL 2012

Gurung & Ors, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1629 (Admin)

Immigration - Leave to remain - Discretion

The Secretary of State's decision not to grant indefinite leave to remain to dependant relatives of former Ghurka soldiers was not contrary to the relevant policy and was neither uncertain nor irrational.

15 June 2012

Administrative Court

Eady J

(1)        Each of the four Claimants sought to challenge the Defendant's rejection of his or her application for indefinite leave to remain. The first Claimant was granted permission in November 2011, whilst leave was refused for the second and third Claimants and adjourned until this hearing for the Fourth Claimant. 

(2)        The First Claimant is the daughter of a former Gurkha soldier who entered the UK in March 2010. She is now an overstayer, following the expiry of her visa in February 2011. The First Claimant's evidence was that she was financially dependent upon her father whilst in the UK.

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