Olatunde v Secretary of State for the Home Department; Khoteja and others v Secretary of State for the Home Department

Immigration – Leave to remain. The proceedings concerned two appeals which had been heard together because they raised a common question concerning the interpretation of s 85A of the Nationality, Immigration and Asylum Act 2002. The Court of Appeal, Civil Division, in dismissing the appellants' appeals, held, inter alia, that the exception to the admission of new evidence in s 85A(3)(a) of the Act was to be read as referring to that element of appeal proceedings which involved a challenge to a decision to refuse leave to enter or to refuse to vary a person's leave to enter or remain, whether or not the appeal also involved a challenge to a decision which fell under another paragraph of s 82(2) of the Act.

Category: