Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted under article 8.2 of the Convention, the weight to be given to the maintenance of immigration controls should be diminished because he had missed satisfying the rules by only a small margin.
Maurice Kay, Stanley Burnton, Lewison LJJ
[2012] EWCA Civ 261, [2013] QB 35, [2012] 3 WLR 492, [2012] Imm AR 702, [2012] WLR(D) 68
Bailii, WLRD
European Convention on Human Rights 88.2
England and Wales
Cited by:
CitedPatel and Others v Secretary of State for The Home Department SC 20-Nov-2013
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .

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Updated: 06 April 2021; Ref: scu.451832