R (on the application of LM and others) v Secretary of State For the Home Department

Immigration – Leave to remain. The claimants challenged the lawfulness of their grants of leave to remain on the basis that para 276BE of the Immigration Rules fettered the defendant Secretary of State's discretion to grant the child applicants longer than 30 months leave to remain, which was inimical to the fact-sensitive consideration of their childrens best interests, as required by s 55 of the Borders, Citizenship and Immigration Act 2009. The Administrative Court, in dismissing the application, held that para 276BE of the Immigration Rules was not unlawful as alleged and that the decision to grant the claimants a period of 30 months as requested had not been unlawful.

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