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Immigration – Leave to remain. The claimant Nigerian national challenged the decision of the defendant Secretary of State to refuse him leave to enter the United Kingdom as a returning resident and to remove him to Nigeria. The Administrative Court, in dismissing the application, held that, in circumstances where the letter purporting to grant the claimant indefinite leave to remain (ILR) had been procured irregularly by a dishonest Home Office employee, there was no record of a genuine decision to grant ILR to the claimant. Accordingly, his ILR had not been cancelled, giving him an in-country right of appeal, and it had been reasonable and lawful to immediately return him.
Immigration – Leave to remain. The claimant Nigerian national challenged the decision of the defendant Secretary of State to refuse him leave to enter the United Kingdom as a returning resident and to remove him to Nigeria. The Administrative Court, in dismissing the application, held that, in circumstances where the letter purporting to grant the claimant indefinite leave to remain (ILR) had been procured irregularly by a dishonest Home Office employee, there was no record of a genuine decision to grant ILR to the claimant. Accordingly, his ILR had not been cancelled, giving him an in-country right of appeal, and it had been reasonable and lawful to immediately return him.
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