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

Immigration – Leave to remain. The claimant sought judicial review of the defendant Secretary of State's decision returning his application for further leave to remain as a Tier 4 (General) student as invalid. The Administrative Court held that, despite the Secretary of State's delay in serving her summary and detailed grounds of defence, the public interest lay in permitting her to respond to the claim. It dismissed the claimant's application, as it was commenced one year and four month's out of time, and there had been no unlawfulness in the consideration of his claim or in the decision to reject it as invalid.

Category: