Where: (a) an individual who is in the United Kingdom makes an application for indefinite leave to remain which is to be treated as a human rights claim within the meaning of s. 113 of the 2002; and (b) the Secretary of State decides not to grant indefinite leave to remain but grants the individual limited leave to remain, does the Secretary of State ‘refuse a human rights claim’ within the meaning of s. 82(1)(b) of the Act, with the result that the individual has a right of appeal to the First-tier Tribunal?
Judges:
Stuart-Smith LJ
Citations:
[2021] EWCA Civ 449
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 113
Jurisdiction:
England and Wales
Immigration
Updated: 20 October 2022; Ref: scu.660777