The Weekly Law Reports
[2022] 4 WLR 21
Court of Appeal
Regina (Afzal) v Secretary of State for the Home Department
[2021] EWCA Civ 1909
2021, Nov 16; Dec 17
Peter Jackson, Males LJJ, Sir Patrick Elias
Immigration— Leave to remain— Indefinite leave to remain— Claimant entering United Kingdom as student and subsequently obtaining further periods of limited leave to remain— Claimant having period of unlawful residence between periods of leave to remain— Home Secretary refusing claimant’s application for indefinite leave to remain on basis of lacking ten years’ continuous lawful residence— Proper effect of provisions allowing for periods of overstaying to be disregarded— Whether claimant completed ten years’ continuous lawful residence—
Immigration Act 1971 (c 77), s 3C
—
Statement of Changes in Immigration Rules (1994) (HC 395)
paras 39E, 276B