R (on the application of Mamour) 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 him leave to remain in the United Kingdom and refusing to treat his representations as a fresh claim. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State had failed to treat her failure to grant the claimant discretionary leave to remain as any kind of disadvantage and to consider the relevance of the claimant having been removed on the basis of her own misstatement of fact. Although her decision would be quashed, she would not be ordered to facilitate the claimant's return to the UK.

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