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

Immigration – Leave to remain. The appellant had no realistic prospect of successfully impugning the defendant Secretary of State's conclusion that the restaurant where he worked had been providing a take-away service for the purpose of Appendix K to the Immigration Rules. Accordingly, the Court of Appeal, Civil Division, dismissed his appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber), refusing his application for judicial review of the Secretary of State's refusal of his application for leave to remain as a Tier 2 (General) worker.