R (on the application of SB and ABD) 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 grant of leave to remain for 30 months, but to impose a condition prohibiting them from having recourse to public funds (the condition). The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that the Secretary of State had not irrationally failed to grant discretionary leave to remain. Further, with respect to the condition, she had not unlawfully failed to consider the exercise of her discretion, failed to comply with s 55 of the Borders, Citizenship and Immigration Act 2009 or breached the claimants' rights under art 8 of the European Convention on Human Rights.

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