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08 DEC 2011

Kotecha & Anor, R (on the application of) Secretary of State for the Home Department [2011] EWHC 2070 (Admin)

Immigration – Article 8 – Entry Clearance

Minimal disruption under Article 8 does not justify non-removal of an individual from the United Kingdom.
29 July 2011
Administrative Court
Burnett J
(1) The Claimants were both overstayers, having entered the United Kingdom legally. Each married after their leave had expired and each made an application for leave to remain in the United Kingdom as the spouse of, respectively, a British citizen and, a Bangladeshi national with indefinite leave to remain. Both applications to remain were refused by the Secretary of State. As neither Claimant had leave to be in the United Kingdom at the time the applications were made, there was no right of appeal. The procedure open to both was therefore to leave the United Kingdom and make an application for an entry clearance on the same basis from abroad.

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