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

Immigration – Leave to remain. The claimant sought permission to apply for judicial review of the defendant Secretary of State's decisions refusing him leave to remain in the United Kingdom, to remove him from the UK and to give directions for his removal. The Upper Tribunal (Immigration and Asylum Chamber), in refusing permission, held that the claimant's grounds of challenge were unarguable. Further, the fact that the claimant could pursue an out of country appeal pointed unmistakeably to a refusal of permission and the duty of candour had required the provision of a witness statement from the claimant.

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