The applicant, a Bangladeshi, had entered the UK on a six month visa in 1991 and overstayed, applying for residence in 2006 on the basis of his long stay. He appealed refusal.
Held: The immigration tribunal had taken the simple evasion of lawful authority for fifteen years as a grounds of itself for the refusal. That was a mistake. The respondent’s statement of changes was directed specifically to validating such people, and the applicant had brought himself within the rules. Where the officer presented a case on a basis which contradicted the rules he should draw the attention of the tribunal to the divergence and explain why he was doing what he was doing.
Lord Justice Sedley, Lord Justice Keene and Lady Justice Smith
Times 09-Apr-2009, [2009] EWCA Civ 8, [2009] WLR (D) 10
WLRD
Statement of Changes in Immigration Rules 1994 276B(i)(b)
England and Wales
Citing:
Not to be followed – MO (Long Residence Rule-Public Interest Proviso) Ghana IAT 9-Feb-2007
. .
Preferred – Aissaoui v Secretary of State for the Home Department CA 7-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 09 November 2021; Ref: scu.332829