Shrestha and Another, Regina (on The Application of) v The Secretary of State for The Home Department: CA 14 Dec 2018

‘if an applicant for leave to remain raises a human rights ground for the first time after the refusal of his application on other grounds and in response to a request by the Secretary of State under section 120 of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’), does the Secretary of State have an obligation to treat and determine that response as an application for leave to remain on human rights grounds even absent any further form of application? The Applicants submit that he does. The Secretary of State denies any such obligation.’


[2018] EWCA Civ 2810




Immigration, Asylum and Nationality Act 2006 50(1)


England and Wales

Immigration, Human Rights

Updated: 28 June 2022; Ref: scu.636167