Wednesday 7th July 2021
The Applicant appeals the decision of UTJ Gill dated 16 January 2020 refusing the application for permission to apply for judicial review and certifying it as totally without merit (TWM).
The Applicants seek to challenge the Respondent’s decision of 20 September 2019 to refuse his application of 30 May 2019 for indefinite leave to remain on the basis of 10 years continuous lawful residence and to grant instead 30 months leave to remain until 20 March 2022.
The Applicant entered the UK on 16 April 2001 with entry clearance as a visitor, valid until 22 September 2001, and left on 01 September 2001. The UTJ found that on leaving he had no reasonable expectation that he would lawfully be able to return to the UK and that paragraph 276A(a)(iii) of the Immigration Rules applied and his continuity of residence was broken. The Respondent considered that the Applicant’s lawful residence ended on 13 July 2011, when his leave to remain expired. This was not challenged by the Applicant.