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

Immigration – Leave to remain. The claimant Indian national sought judicial review of the defendant Secretary of State's decision to refuse her application for leave to remain as the spouse of a British citizen settled in the United Kingdom. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that the principle in Chikwamba v Secretary of State for the Home Department ([2009] 1 All ER 363) did not apply and, absent a request, the Secretary of State had not been obliged to consider the claimant's application on the hypothetical alternative that it had been made from abroad.

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