R (on the application of Binaura) v Secretary of State for the Home Department

Immigration – Leave to remain. The Administrative Court dismissed the claimant's application for judicial review of the Secretary of State's decision refusing her leave to remain on the basis that she was an overstayer in breach of the immigration laws, and had made her application outside the mandatory period of 28 days imposed by para 319C(j) of the Immigration Rules (the Rule). The Secretary of State had been bound by the Rule and under a duty to apply it and to refuse the claimant leave to remain. Further, her decision had not been unfair and the claimant's rights under art 8 of the European Convention on Human Rights had not been engaged.

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