The Upper Tribunal gives its judgment in the Judicial Review claim of R (Arifuzzaman Rana) v Secretary of State for the Home Department  UKAITUR JR057232018. The applicant sought to challenge the decision made by the Secretary of State for the Home Department to refuse his application for indefinite leave to remain on the grounds of long residence and to hold that the submissions made in it did not amount to a fresh claim so to attract a right of appeal. The Upper Tribunal’s judgment concerns the relevance of “gaps” in the applicant’s 10 years continuous lawful residence in the United Kingdom for the purpose of Paragraph 276B of the Immigration Rules, the published guidance on the subject, arguments based on legitimate expectation and Paragraph 353B of the Immigration Rules. The Upper Tribunal dismissed the Judicial Review claim on all grounds.
Zane Malik appeared for the Secretary of State for the Home Department.
The Upper Tribunal’s judgment is available here.