R (on the application of Sabir and others) v Secretary of State for the Home Department; R (on the application of Mehmood) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimants sought judicial review of the defendant Secretary of State's decision to refuse them leave to remain as Tier 1 (Entrepreneur) migrants. The Administrative Court, in dismissing the application, held that the evidential requirements in para 41-SD(c)(iii) of Appendix A to the Immigration Rules could not be said to go beyond that which the Secretary of State might legitimately require for the purpose of showing that a business was genuine, and that the person conducting it and seeking entrepreneur status on the basis of having done so, was genuinely linked to that business. Accordingly, the claimant's challenge to the rationality of the requirement had to fail.

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