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

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 In any event, the decision had been withdrawn and a correct decision substituted in its place, which could not be ignored.

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