Ashiq, petitioner

Immigration – Leave to remain – Right to family life. Court of Session: Allowing a reclaiming motion in judicial review proceedings in which a Pakistani national challenged a decision refusing to treat his further submissions as a fresh claim for leave to remain, the court held that the Home Secretary erred because her first decision letter did not provide the necessary assurance that she considered whether or not leave to remain should be granted outside the Immigration Rules, however the Lord Ordinary appeared to have overlooked the need to consider whether the error was a material one, and had she done so she would have been bound to find that the failure alleged was immaterial and, accordingly, also bound to dismiss the petition.

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