R (on the application of Nesiama and others) v Secretary of State for the Home Department

Immigration – Indefinite leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) had been correct to equate residence in para 245AAA of the Immigration Rules and physical presence, and to dismiss the claimant Nigerian national's application for judicial review of the respondent Secretary of State's refusal of indefinite leave to remain, under para 245CD of the Immigration Rules. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, further held that it had not arguably been irrational or otherwise unlawful for the Secretary of State not to take into account former policy, Immigration Rules or guidance deciding whether to grant leave to remain outside the Immigration Rules.

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