SH – v – Secretary of State for the Home Department, (Unreasonable Refusal of Indefinite Leave to Remain)

One of our Senior Solicitors was recently instructed to represent a client (“the Appellant”), who wished to appeal against the Home Office’s decision to refuse his application for Indefinite Leave to Remain in the UK under paragraph 276A of the Immigration Rules.

The Appellant, a national of a non-EEA country had been residing in the UK with over 10 years of lawful leave to remain. After receiving the Appellant’s instructions in an initial consultation with our expert immigration lawyer, we were instructed to appeal to the First-tier Tribunal against the Home Office’s decision to refuse the Appellant’s Indefinite Leave to Remain. Our immigration team worked closely with Counsel to ensure that the Appellant’s case was prepared to the highest standards. Last week, in a determination from an immigration Judge at the First-tier Tribunal, we received news that the Appellant’s appeal was allowed on human rights grounds (Article 8 of the European Convention on Human Rights) outside the Immigration Rules. The Appellant now continues to reside in the UK where he has established a successful business

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