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

Immigration – Removal. The claimant sought judicial review of the defendant Secretary of State's decisions, refusing her leave to remain in the United Kingdom. The issue for determination was whether the Secretary of State was obliged to issue a decision to remove the claimant from the UK. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that the Secretary of State had considered the claimant's welfare, that she was not in limbo and her circumstances had not warranted making a removal decision. Accordingly, the Secretary of State's decision not to issue removal directions had been within the range of reasonable responses open to her.

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