Haleemudeen v Secretary of State for the Home Department

Immigration – Leave to remain. The appellant Sri Lankan national had applied for indefinite leave to remain in the United Kingdom on the basis of continuous lawful residence for a period of ten years. The respondent Secretary of State refused the application. The First-tier Tribunal (Immigration and Asylum Chamber) allowed his appeal on the ground that removal would be a disproportionate interference with his private life. The Upper Tribunal found that the FTT had erred in having given insufficient reasons for its decision. It re-made the decision and allowed the Secretary of State's appeal. The Court of Appeal, Civil Division, held that the Upper Tribunal had been entitled to set aside the decision of the FTT, but that it had erred in its calculation of continuous residence which it had taken into account in assessing the appellant's right to private life. The matter was remitted.

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