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Immigration – Leave to remain. The claimant Zimbabwean national sought judicial review of the defendant Secretary of State's decision, refusing his application for discretionary leave to remain on the basis that it was inconsistent with that in his sister's case. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had not explained the distinction between the claimant and his sister, who had been given leave to remain. Further, the Secretary of State had amounted disregarded of the statutory appellate procedure by failing to follow or appeal a judge's order.
Immigration – Leave to remain. The claimant Zimbabwean national sought judicial review of the defendant Secretary of State's decision, refusing his application for discretionary leave to remain on the basis that it was inconsistent with that in his sister's case. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had not explained the distinction between the claimant and his sister, who had been given leave to remain. Further, the Secretary of State had amounted disregarded of the statutory appellate procedure by failing to follow or appeal a judge's order.
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