R ( on the application of Thapa) v Secretary of State For The Home Department

Immigration – Removal. The claimant sought judicial review of the Secretary of State's decision to make directions for his administrative removal, in the exercise of her discretion under s 10(1)(a) of the Immigration and Asylum Act 1999, and of her decision to remove him from the jurisdiction. Allowing the claim, the Administrative Court held that there had been no evidence that the Secretary of State had appreciated that she had been exercising a discretion, rather than taking action which had followed automatically from her belief that there had been a breach of the claimant's visa.

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