Secretary of State for the Home Department v KG (India)

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the Secretary of State's appeal against a determination of the Upper Tribunal (Immigration and Asylum Chamber). If it were permissible to allow an appeal by reference to a de minimis principle, that would, or at least could, pose the same risks to the operation of an efficient and predictable immigration system as those to which the 'near-miss' principle was liable to give rise. The respondent had not satisfied the precise criteria in the Immigration Rules specified for the 'appropriate salary' because her salary had been below the appropriate rate and the Secretary of State had been entitled to refuse the respondent's application for leave to remain in the UK as a tier 2 (general) migrant.

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