R (on the application of Memon) v Secretary of State For the Home Department

Immigration – Leave to remain. The claimant Pakistani national sought judicial review of the defendant Secretary of State's decision, refusing him indefinite leave to remain in the United Kingdom. The Administrative Court, in dismissing the application, held that, whether a requirement amounted to a request for evidence or to the imposition of a criterion was context-sensitive. In the context of the present case, a request for formal documentation of the claimant's asserted work history fell clearly on the 'evidence' side of the line and he could not complain that the Secretary of State had not been satisfied that he had fulfilled the relevant criteria.

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