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

Immigration – Leave to remain. The claimant Iraqi national sought judicial review of decisions of the defendant Secretary of State, refusing her leave to remain in the United Kingdom. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision-making was unlawful, as she had erred in applying the new Immigration Rules and it was simply not possible rationally to conclude that the decision would have been the same in any event. Further, s 117B of the Nationality, Immigration and Asylum Act 2002 offered some mild support for the claimant, rather than the Secretary of State.

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