*E v Secretary of State for the Home Department

Immigration – Appeal. The claimant Russian national issued judicial review proceedings contending that, on the proper interpretation of s 104 of the Nationality, Immigration and Asylum Act 2002, he could leave the United Kingdom to return to Chechnya without abandoning his appeal against the cancellation of his indefinite leave to remain. The Administrative Court, in dismissing the application, held that, in the circumstances, the claimant positively withdrawn or abandoned his appeal. Accordingly, the judicial review application was academic and there were no exceptional circumstances to justify hearing an academic claim.

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