R (on the application of Mushtaq) v Entry Clearance Officer of Islamabad, Pakistan

Immigration – Leave to enter. The claimant Pakistani national sought judicial review of the defendant entry clearance officer's refusal of entry clearance as a Tier 4 (General) student based on his interview answers. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the decision-making process culminating in the refusal of the claimant's application had been manifestly unfair and the decision had been tainted by irrationality. It followed that the Case Worker Guidance relating to Tier 4 interviews and the genuine student rule had been breached to that extent.

Category: