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Immigration

Deportation - Decision - Secretary of State issuing decisions removing claimants, refusing variation of pre-existing leave to remain and detention - Whether claimants having in-country right of appeal - Whether refusal decision open to challenge by way of judicial review - Whether removal decision open to judicial review as abuse of process - Immigration Act 1971 (as amended by Nationality, Immigration and Asylum Act 2002, s 118), ss 3, 3C, 4 - Immigration and Asylum Act 1999, s 10 - Nationality, Immigration and Asylum Act 2002, ss 82, 92 R (Mehmood) v Secretary of State for the Home Department; R (Ali) v Same [2015] EWCA Civ 744; [2015] WLR (D) 303

21 July 2015

CA: Sullivan, Beatson LJJ, Roth J

• 14 July 2015

A person whose leave to be in the United Kingdom had been invalidated by the Secretary of State, who had also made a decision to remove that person at a time when an application by that person for a variation of his leave was pending, did not have a right to an "in-country" appeal, that was to say a right to have his appeal heard while he was in the United Kingdom. Such a person had only a right to an "out of country" appeal.

The Court of Appeal so stated, inter alia, when dismissing the appeals of the following claimants: (1) Sheraz Mehmood, appealing from the decision of Steven Kovats QC, sitting as a deputy High Court judge in the Administrative Court of the Queen's Bench Division on 15 April 2014 [2014] EWHC 1608 (Admin), who had refused his renewed appli...

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