All Articles: discretionary leave
Briefing: what is leave outside the Rules?
Anyone whose life consists of daily references to the Immigration Rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite constant research, you will still make new discoveries, even when you t ...
27th April 2020Home Office can refuse settlement to those on long-term Discretionary Leave
Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever depart from this policy? The Upper Tribunal judgment in R (Ellis) v Secretary of ...
20th March 2020How not to support a victim of human trafficking: a demonstration by the Home Office in R (FT) v SSHD
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC ...
29th August 2017Win For Children With Discretionary Leave
The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Ch ...
18th June 2013