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

Immigration – Leave to enter. The claimant sought judicial review of the defendant Entry Clearance Officer's refusal of entry clearance. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that there was no prior procedural unfairness in the defendant's treatment of the claimant's case and her previous refusal of entry clearance had not been unlawful on public law grounds. Further, the defendant's refusal to exercise her executive discretion so as to grant the claimant leave outside the Immigrations Rules was not irrational.

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