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

Immigration – Leave to remain. The claimant was granted permission to seek judicial review of the defendant Secretary of State's decision 15 months after she had made another decision, granting the claimant discretionary leave to remain for 30 months. The claimant sought permission to amend the application to go forward on the basis that the discretionary leave to remain decision was the decision under challenge. The Administrative Court, in dismissing the application, held that the case was not arguable and it was substantially out of time. Further, permission had been granted on a completely false basis, which had been unexplained.

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