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Tribunal on meaning of absences from the UK for no more than 180 days

Tribunal on meaning of absences from the UK for no more than 180 days

Official headnote:

(i) On a proper construction of paragraph 245AAA(a)(i) of HC 395, an absence from the United Kingdom for a period of more than 180 days in one of the relevant 12 month periods will entail a failure to satisfy the requirements of paragraph 245CD.

(ii) The term ‘residence’ in paragraph 245AAA(a) is to be equated to presence.

Some very clever arguments put but sadly the case failed.

Source: RN, R (on the application of) v Secretary of State for the Home Department (paragraph 245AAA) [2017] UKUT 76 (IAC) (12 January 2017)

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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