R (on the application of Shabhaz and dependants) v Secretary for the Home Department

Immigration – Leave to remain. The claimants sought judicial review of the defendant Secretary of State's decision, refusing them indefinite leave to remain. The Administrative Court, in dismissing the application, held that the original, as opposed to the reconsidered, decision had been the relevant decision. That decision had been one which the Secretary of State had been entitled to reach, as the relevant time for judging whether para 134 of the Immigration Rules had been complied with had been the time of the decision, not the time of the original making of the application.

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