Immigration Law Update: Chikwamba: R (on the application of Thakral) v The Secretary of State for the Home Department [2015] UKU

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JR refused. The SSHD did not refuse the A's application for leave to remain on the basis that she did not have leave or because she was barred from making the application while she was still in the UK and as such there was no error in the decision. Should the A want the SSHD to consider that s/he would meet the Immigration Rules, save for the entry clearance requirement, s/he must specifically request that the SSHD considers that point. “The Chikwamba v SSHD [2008] UKHL 40 [2008] 1 WLR 1420 principle is only engaged if, in the terms of [30] (a) of SSHD v Hayat (Pakistan) [2012] EWCA Civ 1054, the SSHD has refused the application in question "on the procedural ground that the policy requires that the applicant should have made the application from his home state".”


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