If an appellant relies upon criteria that relate to a different category of the Immigration Rules to make good his Article 8 claim from that relied upon in his application for LTR on human rights grounds or in his s.120 statement such that a new judgment falls to be made as to whether or not he satisfies the Immigration Rules, this constitutes a ‘new matter’ within the meaning of s.85(6) of the Nationality, Immigration and Asylum Act 2002 which requires the Secretary of State’s consent even if the facts specific to his own case (for example, as to accommodation, maintenance etc) remain the same.
Citations:
[2019] UKUT 67 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 01 February 2022; Ref: scu.633764