Index card R (Nesiama) v Secretary of State for the Home Department

R (Nesiama) v Secretary of State for the Home Department

Hearings

England & Wales

14 Jun 2018 [2018] EWCA Civ 1369; [2019] 1 WLR 463; [2018] WLR(D) 368, CA (Hickinbottom, Moylan, Singh LJJ)

Subject Matter

IMMIGRATION — Leave to remain — Refusal — Tier 1 (General) migrant seeking indefinite leave to remain required 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 falure to take into account former more generous rules on residence unlawful — Statement of Changes in Immigration Rules (1994) (HC 395), paras 245AAA, 245CD

[2018] EWCA Civ 1369; [2019] 1 WLR 463; [2018] WLR(D) 368, CA

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