The reasons given by the President in R (Mujahid) v First-tier Tribunal and SSHD [2020] UKUT 85 (IAC) are reinforced by two further factors: (1) Under s 104(4A) a human rights appeal is deemed to be abandoned if a period of leave, however short, is granted after the appeal is brought. It is inconceivable that it was intended that a refusal of an application accompanied by a grant of leave was intended to generate a right of appeal. (2) There is an inherent difference between an application and a claim and the refusal of the one does not imply or entail the refusal of the other, even where the application includes a claim.
Citations:
[2020] UKUT 377 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 13 November 2022; Ref: scu.660040