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

Immigration – Leave to remain. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of his application for judicial review of the defendant Secretary of State's decision refusing his application for leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) migrant, pursuant to para 322(1A) of the Immigration Rules. The decision under challenge was a decision made in the exercise of the power conferred on the Secretary of State by s 3 of the Immigration Act 1971. It was for the Secretary of State or her officials to determine which provisions of the Immigration Rules applied and whether relevant conditions were satisfied, including the determination of relevant questions of fact. Their findings on such matters were open to challenge in judicial review proceedings only on Wednesbury principles.

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