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Immigration – Leave to remain. The claimant family of Afghani nationals, including five children, sought judicial review of the defendant Secretary of State's grant of discretionary leave to remain, rather than indefinite leave to remain. They contended that the Secretary of State had unlawfully failed to consider s 55 of the Borders, Citizenship and Immigration Act 2009. The Administrative Court, in dismissing the application, held that, although the Secretary of State's decision had been unlawful, it was not remotely likely that a different approach would have been taken if s 55 of the Act had been considered and the Secretary of State's error had not been material.
Immigration – Leave to remain. The claimant family of Afghani nationals, including five children, sought judicial review of the defendant Secretary of State's grant of discretionary leave to remain, rather than indefinite leave to remain. They contended that the Secretary of State had unlawfully failed to consider s 55 of the Borders, Citizenship and Immigration Act 2009. The Administrative Court, in dismissing the application, held that, although the Secretary of State's decision had been unlawful, it was not remotely likely that a different approach would have been taken if s 55 of the Act had been considered and the Secretary of State's error had not been material.
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