Fei, petitioner

Immigration – Leave to remain – Fresh claim – Right to family life. Court of Session: Granting a judicial review petition by a Chinese national who challenged a decision to reject her application for leave to remain and that her further submissions did not amount to a fresh claim, the court held that the respondent had erred in her decision letter in concluding that the wording of s 117B of the Nationality, Immigration and Asylum Act 2002, that 'little weight' should be given to a private life a person established at a time when that person was in the UK unlawfully was 'decisive' of the petitioner's human rights claim to a private life, and that it was not possible to say that the petitioner's art 8 claim would necessarily fail if it were considered by a newly constituted First Tier Tribunal.

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