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LOCATION: Home » Asiweh v The Secretary of State for the Home Department [2019] EWCA Civ 13

KNOWLEDGE
CENTRE

Home Office Exercise of Discretion and Technical Errors
By Richmond Chambers -

Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702,...

 it has been good law that “There is an obligation to consider such a grant [outside of the Rules] when expressly asked to do so and, if but briefly, deal with any material relied upon by an applicant...

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