Jeanell Hippolyte v Secretary of State for the Home Department
[2024] EWHC 2968 (Admin)
Interrelation between exemption from deportation, indefinite leave to enter/remain, and lawful status for WCS purposes.
Immigration Act 1971, sections 1, 7, 33; Immigration (Leave to Enter and Remain) Order 2000; Immigration Rules 18, 19; WCS Rules
Requirements for granting leave to enter under Immigration Rules 18 and 19.
Immigration Rules 18, 19; Home Office guidance; case law (R(ex p Harris), R(C1) v Secretary of State)
Grounds for refusing entry clearance or leave to enter (paragraph 320 of HC 395).
Paragraph 320 of HC 395; case law (R(Balajigari))
Definition of 'lawful status' under the WCS.
WCS Rules Part 1.5
Standard of review for judicial review (Section 31(2A) Senior Courts Act 1981).
Section 31(2A) Senior Courts Act 1981
Approach to fact-finding in judicial review.
Case law (R(F) v Surrey CC)
Claim dismissed.
The Claimant did not have lawful status for the purposes of the WCS during the relevant period. His detriments were not caused by an inability to demonstrate lawful status, but rather by other factors.
[2024] EWHC 2968 (Admin)
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[2023] EWHC 510 (Admin)
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