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

Immigration – Leave to remain. The claimant Pakistani national requested that his case be dealt with as a legacy case. The United Kingdom Border Agency indicated that he might qualify and requested information, including as to compassionate circumstances. Absent further response, the claimant issued judicial review proceedings and the Secretary of State responded that he did not fall to be considered under the legacy program. The Administrative Court, in allowing the application, held that the Secretary of State had addressed the legacy point, but did not purport to address any other issue relating, for instance, to compassionate grounds justifying leave to remain.

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