Babar v Secretary of State for the Home Department

Immigration – Indefinite leave to remain. The commission of offences against humanity did not necessarily and inevitably mean that a person could, in no circumstances, be granted indefinite leave to remain (ILR), and para 276B of the Immigration Rules envisaged the possibility that all the relevant factors should be considered and the circumstances might be sufficiently compelling to justify granting ILR. However, the Court of Appeal, Civil Division, held that the Upper Tribunal (Immigration and Asylum Chamber) had not applied the test that only very compelling considerations could outweigh the strong public interest in denying settlement to such persons.

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