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

Immigration – Leave to remain. The claimant sought judicial review of the defendant Secretary of State's failure to grant him leave as a Tier 4 (General) student migrant, after his appeal to the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) against a prior decision had been allowed. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that the Secretary of State's decision to defer consideration of the claimant's application for 60 days had been an entirely reasonable response to the FTT's decision. Her further grant of 60 days' discretionary leave outside the Immigration Rules on an exceptional basis added weight to the view that the Secretary of State had acted reasonably.

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