Alibinu, petitioner

Immigration – Leave to remain – Fresh claim – Right to family life. Court of Session: Granting a judicial review petition by a Zimbabwean national who applied for leave to remain in the UK based on his being in a genuine and subsisting relationship with his partner and having close relationships with his children and grandchildren, and who challenged the refusal to consider his application as a fresh human rights claim, the court held that the decision letter did not demonstrate that the decision maker applied the test correctly as it did not see the required anxious scrutiny in considering all points which might tell in favour of the petitioner.

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