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

Immigration – Appeal. To allow the Secretary of State to rely on her rules, namely the requirements under the Points Based System, in the circumstances, had not amounted to an abuse of power or unfairness so as to trigger the operation of the doctrine of legitimate expectation or substantive fairness. The Court of Appeal, Civil Division accordingly dismissed the appellant's appeal against a refusal to grant permission for Judicial Review of a decision of the Secretary of State to refuse the appellant leave to remain in the UK as a migrant.

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