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

Immigration – Leave to remain. The claimant Vietnamese national sought judicial review of the defendant Secretary of State's decision granting her and her children discretionary leave to remain in the United Kingdom, rather than indefinite leave to remain. The Administrative Court, in allowing the application, held that there was no indication at all in any of the documents that any assessment had ever been made by the Secretary of State of what the best interests of the claimant's elder child might be, in accordance with s 55 of the Borders, Citizenship and Immigration Act 2009.

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