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29 JUN 2012

R (on the application of Balakoohi) v Secretary of State for the Home Department [2012] EWHC 1439 (Admin)

Immigration - Leave to remain - Irrationality - Evidence

The Defendant's consideration of subjective statements, its failure to act in accordance with guidance, the non-disclosure of information upon which it relied and the decision being made by a non-objective decision-maker resulted in the decision being found irrational and unreasonable.

1 June 2012

Administrative Court

HHJ Thornton QC

(1)        The Claimant, Ms Hadis Balakoohi, challenged the decision of the Defendant refusing her indefinite leave to remain. Her application had been made on the basis of domestic violence causing the end of her marriage.

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