Asiweh v Secretary of State for the Home Department

Immigration – Leave to remain. When the Secretary of State was expressly asked to exercise the discretion to grant leave to remain outside of the Immigration Rules, he was under a duty to do so. However, applying settled law to the facts, the Court of Appeal, Civil Division, dismissed the appellant's appeal, in part, concerning the refusal of his application for further leave to remain in the UK and the decision to certify it as clearly unfounded. The court held that if the respondent Secretary of State had turned his mind to deal with the limited material the appellant had relied on in support of his application for leave to be granted outside of the Immigration Rules, it was inevitable that he would have come to the same conclusion. It further ruled that then Secretary of State had not misdirected himself as to the test for certification. Accordingly, the court held that the Upper Tribunal (Immigration and Asylum Chamber) had not erred in refusing permission to judicially review the Secretary of State's decision.

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