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01 FEB 2012

Kobir, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2515 (Admin)

Immigration – Leave to remain – Delay

The Defendant’s inexcusable delays in processing an application for leave to remain, combined with a failure to have regard to the Claimant’s full history, resulted in a manifestly unfair and unreasonable decision.
6 October 2011
Administrative Court
Belinda Bucknall QC
(i) In January 2002 the Claimant obtained a visa and entered the UK. The Claimant applied for further leave to remain in 2009, but his application was returned as the appropriate fee had not been included. The Claimant made a further application, which the Defendant rejected, after holding the application for a year, on the basis that it was not established that the Claimant had a necessary education grant for a further course that he was undertaking.

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