The WLR Daily case summaries
[2018] WLR(D) 368
Court of Appeal
Regina (Nesiama) v Secretary of State for the Home Department
[2018] EWCA Civ 1369
2018 June 6; 14
Hickinbottom, Moylan, Singh LJJ
Immigration— Leave to remain— Refusal— Requirement for applicant to have spent continuous period of five years lawfully in United Kingdom— Whether “residence” to be equated with presence— Secretary of State refusing leave to remain outside Immigration Rules— Whether Secretary of State’s failure to take into account former more generous rules on residence—
Statement of Changes in Immigration Rules (1994) (HC 395), paras 245AAA, 245CD