Wednesday 20th July 2022
The Appellant appeals the decision of Upper Tribunal Judge Gleeson dated 14 January 2022 to refuse permission to apply for judicial review following an oral hearing.
The Appellant challenges the SSHD’s decision of 23 June 2021 to refuse to grant him indefinite leave to remain on long residence grounds.
The Appellant is a national of Nigeria and arrived in the UK in 2011 with entry clearance as a student. In 2014 his leave ended and his subsequent applications of 2014 and 2015 were refused. After a successful appeal leave outside the rules was granted from 2017 to 2020, which was then extended on compassionate grounds. On 17 February 2021 the Appellant applied for indefinite leave to remain on the basis of ten years continuous lawful residence. This was refused in the decision under challenge.
Permission to apply for judicial review was refused, the judge concluded that on his reading of the Afzal judgment, ten years’ continuous lawful residence could not be shown.