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F (Para 320(8); type of leave) USA

F (Para 320(8); type of leave) USA

F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC)

New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for refusal. The Entry Clearance Officer had failed to exercise discretion one way or t’other. In this case there was only one rational outcome and it was important to the appellant that he succeeded under the rules rather than on human rights grounds because otherwise he would face future difficulties extending his leave. Appeal allowed.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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