R (on the aplication of Sikhosana) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant South African national sought judicial review of the defendant's Secretary of State's decision refusing him leave to remain in the United Kingdom as a family member. The Administrative Court, in dismissing the application, held that transitional provisions brought into force Appendix FM of the Immigration Rules in relation to the claimant's application. Further, the Secretary of State had not imposed too stringent a requirement, namely, that it had to be literally impossible for the family life of the claimant and his partner to continue in South Africa, and the decision would have inevitably been the same in any event.

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