Category: Immigration

Akinola and Another, Regina (on The Application of) v Upper Tribunal and Another: CA 26 Aug 2021

Claimants sought permission to appeal (with appeals to follow if permission was granted) against refusal of their judicial review claims against decisions by the Home Secretary as to their leave to remain. The central issues in all three cases concerned the interpretation and effect of section 3C of the Immigration Act 1971, which provided for the extension of immigration leave in certain defined circumstances. They related in particular to the position under section 3C where an application had been made for variation of existing leave, the application had been refused by a decision of the Secretary of State, and subsequently (i) there was an out-of-time appeal for which an extension of time was granted, or (ii) the Secretary of State withdrew and/or reconsidered the decision.
Phillips, Stuart-Smith LJJ, Sir Stephen Richards
[2021] EWCA Civ 1308, [2021] WLR(D) 469
Bailii, WLRD
Immigration Act 1971 3C
England and Wales

Updated: 11 September 2021; Ref: scu.667361