R (on the Application of Bhatt) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant Indian nationals were unlawfully detained and removed from the United Kingdom due to their immigration advisor's fraud. They issued judicial review proceedings, challenging the defendant Secretary of State's ongoing failure to consider action in their successful appeals. The Administrative Court, in dismissing the application, held that, notwithstanding the defects in the Secretary of State's conduct, there was no proper basis upon which the claim for judicial review and damages could succeed, as there had been no properly pleaded public law claim.

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