SA and others v Secretary of State for the Home Department

Immigration – Judicial review – Leave to remain – Refusal of leave to appeal – Second appeals test. Court of Session: Refusing a reclaiming motion in a judicial review petition by a family of Bangladeshi nationals seeking reduction of the Upper Tribunal's refusal of leave to appeal against the First Tier Tribunal (FTT)'s dismissal of their appeal against refusal of their application for leave to remain, the focus of the petition being the third petitioner, a child born in 2008, and the question for the FTT being whether it was reasonable to expect her to leave the UK, the court held that the Lord Ordinary had not erred in his approach to the substantial merits of the case; specifically in relation to his interpretation of para 276ADE(1) of the Immigration Rules and s 117B of the Nationality, Immigration and Asylum Act 2002, and he was correct to conclude that the second appeals test only applied at the stage of granting permission to proceed.

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