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

Immigration – Leave to enter. The Court of Appeal, Civil Division, allowed the appellant Indian citizen's appeal against a decision by the Upper Tribunal (Immigration and Asylum Chamber) refusing him permission to bring judicial review proceedings in respect of a decision made by an Entry Clearance Officer (ECO) in Mumbai, on behalf of the respondent Secretary of State, refusing him a business visitor visa to the United Kingdom. Among other things, it considered how an ECO should deal with a second application based on different evidence to that furnished where an earlier application had been refused, under para 320(7A) of the Immigration Rules, before making a decision under para 320(7B) of the Rules.

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