R (on the application of Zia and another) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimants sought judicial review of the defendant Secretary of State's decision to refuse them leave to remain as Tier 1 Entrepreneurs, relying on a legitimate expectation said to arise from a conversation over the Secretary of State's helpline. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that there was no doubt that the claimants had not had a legitimate expectation that their application would be granted. They had been given conflicting information, the conversation relied on had been incorrect and the telephone operator had had no authority to assure the outcome.

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