Ahmed v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant Pakistani national arrived in the United Kingdom as a spouse of a person settled and present in the UK. The defendant Home Secretary made two consecutive decisions permitting him to remain on a limited basis. The claimant overstayed his permission by two years and eight months. He made a further application for leave to remain, which the Secretary of State refused. The claimant applied for judicial review of that decision. Dismissing the claim, the Administrative Court held that it was settled law that considerations under art 8 of the European Convention on Human Rights were embedded in the Immigration Rules such that if the Secretary of State applied those Rules then, ordinarily, art 8 considerations would have been fully catered for. In the instant case, no good arguable grounds had been advanced that there had been factors particular to the claimant that had not been capable of being assessed from within the existing framework of Rules and which therefore needed to be assessed outside of the Rules. Further, the Secretary of State had taken into account all of the factors and matters which had been relevant to the claimant. Finally, there had been no error of law in the approach adopted by the Secretary of State to the question of whether there had been insurmountable obstacles to relocation.

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