Felber and another, petitioners

Immigration – Judicial review – Tier 1 (Entrepreneur) visa – Refusal of indefinite leave to remain – Failure to satisfy employment condition. Court of Session: Refusing a judicial review petition in which two US citizens who held Tier 1 (Entrepreneur) visas, challenged a decision to refuse their application for indefinite leave to remain ('ILR') on the basis that they had not satisfied the employment condition in relation to the bed and breakfast business they had set up, the court held that the respondent had correctly applied the employment condition in the Immigration Rules and the transitional provision in policy guidance, and despite inadequacies in the forms the information available to the first petitioner was so not confusing that the respondent's failure to exercise discretion and grant ILR in the absence of any invitation to do so was unlawful.

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