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

Immigration – Leave to remain. The claimant sought judicial review of the decision of the Secretary of State, refusing his application for leave to remain, first, because he had not signed the application form and then because the application was out of time. The Administrative Court, in allowing the application and quashing the decision, held that the Secretary of State should have considered exercising her residual discretion to grant leave to remain outside the Immigration Rules.

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