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Immigration – Leave to remain. The claimant Pakistani national entered the United Kingdom lawfully as a student. He did not leave the UK and completed his MBA whilst he did not have valid leave. The claimant applied for leave to remain as a Tier 1 (Post-Study Work) migrant, relying on the award of his MBA. The defendant Secretary of State refused that application. The decision contained a typographical error. The claimant sought judicial review. In dismissing the application, the Administrative Court held that there was no room in a points-based system for a near miss principle, and in the instant case, the fact that the claimant's leave had expired two months before the completion of his MBA had not been a near miss justifying the grant of leave. Further, the typographical errors in the decision letter had been immaterial. In any event, the decision had been withdrawn and a correct decision substituted in its place, which could not be ignored.
Immigration – Leave to remain. The claimant Pakistani national entered the United Kingdom lawfully as a student. He did not leave the UK and completed his MBA whilst he did not have valid leave. The claimant applied for leave to remain as a Tier 1 (Post-Study Work) migrant, relying on the award of his MBA. The defendant Secretary of State refused that application. The decision contained a typographical error. The claimant sought judicial review. In dismissing the application, the Administrative Court held that there was no room in a points-based system for a near miss principle, and in the instant case, the fact that the claimant's leave had expired two months before the completion of his MBA had not been a near miss justifying the grant of leave. Further, the typographical errors in the decision letter had been immaterial. In any event, the decision had been withdrawn and a correct decision substituted in its place, which could not be ignored.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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