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

Immigration – Leave to remain. The claimant Kosovan national challenged the validity of the defendant Secretary of State's decisions to remove him, but only grant an out-of-country right of appeal, to refuse leave to remain and indefinite leave to remain, and not to apply para 395C of the Immigration Rules. The Administrative Court held that three of the claimant's grounds were without merit. His other ground was resolved by the Secretary of State's undertaking that, if a decision to remove was to be taken, the claim would not be certified as ill-founded so as to deprive the claimant of an in-country right of appeal.

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