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

Immigration – Leave to remain. The claimant Sri Lankan national sought judicial review of the defendant Secretary of State's decision to refuse him leave to remain in the United Kingdom. The Administrative Court, in allowing the application, examined key points which emerged from the case law concerning the question as to whether exceptional circumstances justified leave to remain outside the Immigration Rules in order to satisfy art 8 of the European Convention on Human Rights. It held that the decision letter had contained no indication or reasoning which demonstrated that the Secretary of State had considered the exercise of discretion, the question of exceptional circumstances or the question of proportionality.

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