Kone (respondent) v The Secretary of State for the Home Department (appellant)
Tuesday 9 December 2025
Appeal against the order of the Upper Tribunal (Immigration and Asylum Chamber) dated 30 July 2024 which granted the claim for judicial review after a substantive hearing and ordered that the SSHD’s decision of 17 October 2023 is quashed.
The appellant in the lower court (respondent in this court), made an application to enter the UK as a dependent child under paragraph 297 of the Immigration Rules which was refused on 25 June 2019 and upheld in a decision dated 17 October 2023. The SSHD instead granted limited leave to remain under Appendix FM. The respondent argued that the SSHD erred in making this decision.
At the substantive hearing the judge found that the respondent should have been assessed for her application under paragraph 297 and she is not prevented in succeeding under that provision because of a different grant of leave.
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