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Immigration – Leave to remain. The claimant Mauritian national sought judicial review of the defendant Secretary of State's decision, refusing her application to stay as a spouse. The Administrative Court, in allowing the application, held that the Secretary of State had fallen into error in failing to comply with the requirement to say that exceptional circumstances had or had not been considered and had been rejected, even if she had considered that the case was so weak as not to be arguable. No finding would be made as to the inevitably of outcome and the Secretary of State's decision would be quashed.
Immigration – Leave to remain. The claimant Mauritian national sought judicial review of the defendant Secretary of State's decision, refusing her application to stay as a spouse. The Administrative Court, in allowing the application, held that the Secretary of State had fallen into error in failing to comply with the requirement to say that exceptional circumstances had or had not been considered and had been rejected, even if she had considered that the case was so weak as not to be arguable. No finding would be made as to the inevitably of outcome and the Secretary of State's decision would be quashed.
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