R (on the application of RN v Secretary of State for the Home Department (paragraph 245AAA)

Immigration – Leave to remain. The Upper Tribunal (Immigration and Asylum Chamber) dismissed the claimant's application for judicial review of the defendant Secretary of State's decision, refusing indefinite leave to remain on the basis that she had been absent from the United Kingdom for over 180 days. On a proper construction of para 245AAA(a)(i) of the Immigration Rules, an absence from the UK for a period of more than 180 days in one of the relevant 12 month periods entailed a failure to satisfy the requirements of para 245CD of the Immigration Rules.

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