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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

01 MAY 2012

R (on the application of Khan) v Secretary of State for the Home Department [2012] EWHC 707 (Admin)

Immigration - Leave to remain - Decision-making - Costs

It was not unreasonable for the Secretary of State to only make a decision regarding leave to remain, without making a further removal decision pursuant to section 10 of the Immigration and Asylum Act 1999. The Claimant's solicitors had unreasonably pursued the claim, and were therefore ordered to pay the Defendant's costs.

8 March 2011

Administrative Court

Mitting J

(1) The Claimant, a citizen of Pakistan, argued that at the time the Defendant refused him leave to remain in the UK, there was a further obligation requiring  the issuance of a decision pursuant to section 10 of the Immigration and Asylum Act 1999 for the removal of both he and his sons, this being a decision that could have been appealed.

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