SH (Pakistan) v Secretary of State for the Home Department

Immigration – Leave to remain. The Court of Appeal, Civil Division, allowed the appellant Pakistani national's appeal concerning the respondent Secretary of State's refusal of his application for leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) migrant, as she was not satisfied that the English language proficiency requirement in the Immigration Rules had been met. Whatever might have been the subjective intention of the Secretary of State in drafting the relevant 'evidential flexibility policy', it was not accepted that it could be read as if circumscribed by para 245AA of the Immigration Rules.

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