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

Immigration – Leave to enter. The claimant sought judicial review of the defendant Secretary of State's refusal of entry clearance under the Tier 1 (Entrepreneur) regime. The Secretary of State agreed to reconsider the application on conditions including that the claimant would be re-interviewed. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that there was no demonstrable illegality in the Secretary of State's wish to re-interview the claimant. Further, the grant of the mandatory order was inappropriate, as that remedy was appropriate only in cases where it was clear that the Secretary of State was legally obliged to take a certain course of action, with no choice or discretion.

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