Qadeer v Secretary of State for the Home Department

Immigration – Removal. The claimant sought to withdraw his application for a Tier 1 (Entrepreneur) visa, but the defendant Secretary of State refused it and decided to remove him from the United Kingdom. He was granted permission to seek judicial review solely on the ground that the Secretary of State had acted unlawfully and irrationally by failing to grant an in-country appeal. The Administrative Court, in dismissing the application, held that the claimant's precedent fact point was res judicata. Further, the case did not fall within the narrow band of circumstances in which the court would interfere with the out of country appeal process.

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