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

Immigration – Leave to remain. The claimant sought judicial review of the defendant Secretary of State's decision refusing her application for leave to remain in the United Kingdom to pursue her established private and family life. The Upper Tribunal (Immigration and Asylum Chamber) quashed the decision, as there had been no reference to the circumstances beyond the considerations contained in para 276ADE of the Immigration Rules. However, no further relief would be ordered because the Secretary of State had subsequently made a lawful decision on the application for leave to remain outside the Rules and it was unnecessary to require her to make a further decision.

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