R (on the application of Oboh and others) v Secretary of State for the Home Department

Immigration – Leave to remain. The proceedings concerned linked appeals regarding the lawfulness of a Home Office guidance document, 'Requests for removal decisions'. The context was that overstayers or illegal entrants whose applications for leave to remain had been refused without a right of appeal could request the respondent Secretary of State to make a removal decision to generate a right of appeal. The guidance informed immigration officers how to respond to such requests. The Court of Appeal, Civil Division, held that the guidance was not required to be laid before Parliament under s 3(2) of the Immigration Act 1971, because it did not set out criteria which were or might be determinative of an application for leave to enter or remain. Further, the guidance was perfectly clear.

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