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Immigration – Leave to remain. Following the claimant Russian national's divorce from a British citizen, the defendant Secretary of State refused her further leave to remain in the United Kingdom. The claimant sought judicial review, relying on the fact that her former spouse had worked elsewhere in the European Union during their marriage. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had been Wednesbury unreasonable in failing to take into account that the claimant had been exercising rights as a family member under the Treaty on the Functioning of the European Union for some of the period she had been in the UK.
Immigration – Leave to remain. Following the claimant Russian national's divorce from a British citizen, the defendant Secretary of State refused her further leave to remain in the United Kingdom. The claimant sought judicial review, relying on the fact that her former spouse had worked elsewhere in the European Union during their marriage. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State's decision had been Wednesbury unreasonable in failing to take into account that the claimant had been exercising rights as a family member under the Treaty on the Functioning of the European Union for some of the period she had been in the UK.
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