Ahsan v Secretary of State for the Home Department and other appeals

Immigration – Leave to remain. The third of three specified conditions normally entitling the Upper Tribunal (Immigration and Asylum Chamber) to refuse permission for judicial review had not been met, such that permission to review of the defendant Secretary of State's decisions that three appellants had cheated on their tests of English for international communication should not be refused on the basis that they had an alternative remedy of a human rights appeal. The Court of Appeal, Civil Division, further held that certification of one appellant's human rights claim as clearly unfounded had been unlawful and he should have been granted permission to apply for judicial review.

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