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Immigration – Leave to remain. The first claimant Ukrainian national was granted leave to enter the United Kingdom via the highly skilled migrant programme (HSMP). The claimants sought judicial review of the defendant Secretary of State's refusal of indefinite leave to remain. The Administrative Court, in allowing the application, held that, as the application fell to be dealt with under the Immigration Rules as when he had entered the HSMP scheme, the Secretary of State had considered the application under the wrong Immigration Rules and she could not refuse the claimant indefinite leave to remain for having failed to satisfy a 'continuous residence' requirement.
Immigration – Leave to remain. The first claimant Ukrainian national was granted leave to enter the United Kingdom via the highly skilled migrant programme (HSMP). The claimants sought judicial review of the defendant Secretary of State's refusal of indefinite leave to remain. The Administrative Court, in allowing the application, held that, as the application fell to be dealt with under the Immigration Rules as when he had entered the HSMP scheme, the Secretary of State had considered the application under the wrong Immigration Rules and she could not refuse the claimant indefinite leave to remain for having failed to satisfy a 'continuous residence' requirement.
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