R (on the application of Raja) 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 to refuse his application for leave to remain in the United Kingdom on the basis of his long residence and art 8 of the European Convention on Human Rights. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application in part, held that the Secretary of State had failed to consider material considerations. Accordingly, the decision was unlawful insofar as it concerned the assessment of the claimant's case under Appendix FM of the Immigration Rules and under the guidance outside the Immigration Rules.

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