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20 JUL 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.

(2)        The challenge was made on the basis that that the decision was unlawful, irrational and procedurally unfair. The following grounds were raised

(a)        The Defendant failed to take into account relevant documents, and had made its decision relying upon documents obtained without giving the Claimant an opportunity to comment on them.

(b)        The decisions had been made without following the guidance in relation to domestic violence.

(c)        The particular decision-maker involved had made previous refusal decisions, and as such could not be objective.

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