R (on the application of AJ) v Secretary of State for the Home Department  EWCA Civ 1081
Immigration – Decision-making – Leave to remain
When making a non-appealable decision refusing to grant leave to remain, the Secretary of State should have regard to section 55 of the Borders, Citizenship and Immigration Act 2009.
21 September 2011
Court of Appeal (Civil Division)
Pill LJ, Etherton LJ, Sir Mark Potter
(1) The Appellant is a Nigerian national who first entered the UK in 1988. He obtained a student visa that expired in 1990. He went on to form a relationship and had three children. His challenge by judicial review against a decision of the Secretary of State for the Home Department, made on 9 March 2010, which refused him leave to remain in the United Kingdom on the basis of art 8 of the European Convention on Human Rights was refused by Ouseley J.
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