Khan (appellant) v The Secretary of State for the Home Department (respondent)
Wednesday 30 November 2022
Appeal against the decision of the Upper Tribunal Immigration and Asylum Chamber dated 6 May 2022.
The Appellant challenges the decision of 17 April 2021 refusing his application for Indefinite Leave to Remain on the basis of 10 years continuous lawful residence, but maintaining the decision to grant limited leave to remain on the basis of exceptional circumstances. Two earlier applications had been refused on the basis of tax discrepancies but the SSHD agreed to reconsider both. Before making the decision challenged the SSHD sent a second ‘minded to refuse’ (“MTR”) letter to which the Applicant responded.
It was argued that: the SSHD had not given the Applicant a proper opportunity to respond because the decision was based on matters not raised in either of the MTR letters; the decision was based on irrational conclusions; and the SSHD had misapplied the law and reached irrational conclusions on the discretion to grant limited leave to remain but refuse ILR.