Wambua v Secretary of State for the Home Department

Immigration – Leave to remain – Permission to appeal. Court of Session: Refusing an application for permission to appeal against a decision of the Upper Tribunal (UT) by a Kenyan citizen, whose application for leave to remain was refused by the Home Secretary and whose appeal against that decision was refused by the First Tier Tribunal (FTT) and the UT, the court held that the first three proposed grounds of appeal were not arguable with real prospects of success and did not satisfy the second appeals test, and while the point in the fourth ground was a point of law it did not arise from the particular decision of the UT which the applicant wished to bring under appeal, and the court therefore did not have jurisdiction in respect of an appeal under that ground.

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