R (on the application of HRP and others) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant Indian nationals sought judicial review of the defendant Secretary of State's decision refusing their application for leave to remain. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that the Secretary of State had not given any consideration to para 276ADE of the Immigration Rules in her decision as to the first and second applicants, which also rendered the decision as to the third claimant unlawful. Her further decision could not render academic those failings, as it had done no more than adopt the conclusions and reasoning found in the earlier unlawful decision.

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