Ochiemhen v Secretary of State for the Home Department

Immigration – Judicial review – Curtailment of leave to remain – Tier 1 (Entrepreneur) visa – Working in breach of conditions. Court of Session: Granting a judicial review petition in which a Nigerian citizen challenged a decision asserting his liability for removal from the UK following curtailment of his leave to remain as a Tier 1 Entrepreneur Migrant for allegedly working in breach of conditions related to that status, the court held that the overall conclusion reached was not one that the respondent's official was entitled to come to on the material before him; it was not satisfied that a full and balanced in the round assessment had been carried out by the author of the decision letter, and there was nothing in the terms of the letter concerning the exercise of discretion in respect of a decision to curtail leave to remain.

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