Nzangane v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant had arrived in the United Kingdom and claimed asylum. There was a delay of almost ten years in processing his application. He was granted discretionary leave to remain for three years. He sought judicial review of that decision. The Administrative Court held that there was no specific policy which had created an exception to the normal grant of discretionary leave to remain, not indefinite leave to remain, where an applicant had been present in the UK for a long time awaiting a decision of the Secretary of State. The claimant's circumstances had not been exceptional such as to have invoked the Secretary of State's residual discretion to depart from the Immigration Rules.

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