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

Immigration – Leave to remain. The claimant Afghan national issued judicial review proceedings, contending that the defendant Secretary of State had erred in granting him discretionary leave to remain, rather than indefinite leave to remain. The Administrative Court, in dismissing the application, held that, having concluded that illegality or error in the public law sense had not been established in relation to an earlier decision, there could be no basis for saying that the Secretary of State ought to have corrected an injustice by granting indefinite leave to remain.

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