The King on the application of YC (Appellant) v Secretary of State for the Home Department
Thursday 12 February 2026
The appellant appeals the decision of the Upper Tribunal Immigration and Asylum Chamber dated 12 March 2025 dismissing the claim for judicial review after a substantive hearing.
The applicant is a Chinese citizen born in 1971 who applied for asylum in the United Kingdom on 29 March 2019. His asylum claim was refused on 8 November 2023, but he was granted indefinite leave to remain. On 5 December 2023, the applicant received his biometric residence permit, which stated that he had limited leave to remain. His representatives wrote to the Secretary of State to request clarification. In an email on 22 December 2023, the Secretary of State confirmed that limited leave to remain had been issued and that this replaced the earlier grant of indefinite leave to remain.
The tribunal considered whether the Secretary of State is entitled to correct an error where the wrong decision has been communicated through inadvertence. It was held that the Secretary of State did have the power to make such a correction, as this is reasonably incidental to the statutory powers to grant or refuse indefinite leave to remain. It was further held the decision communicated on 22 December 2023 was lawful.