R (on the application of JM (Zimbabwe) (by his parent and litigation friend SM)) v Secretary of State for the Home Department

Immigration – Leave to remain. If it lay within a claimant's power to obtain admission, absent any evidence to the contrary, he was admissible under para 403(c) of the Immigration Rules. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber), dismissing the appellant Zimbabwean national's claim for judicial review of the respondent Secretary of State's decision to refuse his application for leave to remain in the United Kingdom as a stateless person.

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