R (on the application of Ajila) v Secretary of State for the Home Department

Immigration – Rules. The claimant Nigerian national sought judicial review of the defendant Secretary of State's decision, refusing her application for leave to remain in the United Kingdom as a Tier 4 (General) student. The Administrative Court, in dismissing the application, held that the effect of the transitional arrangement as contained in the Immigration Rules had been clear and that they had not resulted in unfairness to the claimant. Further, there had been no unfairness in the Secretary of State's decision not to exercise her discretion outside the Immigration Rules so as to grant a Tier 4 visa in the circumstances of the case.

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