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Immigration – Leave to remain. The claimant sought a declaration that the Secretary of State's delay in deciding his application for leave to remain was unlawful, including contrary to art 8 of the European Convention on Human Rights. The Administrative Court held that the Secretary of State had been in breach of her duties under s 55 of the Borders, Citizenship and Immigration Act 2009 for failing to put in place arrangements to safeguard the welfare of non-applicant children in the United Kingdom of an adult applicant. However, the Secretary of State's delay had not caused the claimant detriment or prejudice.
Immigration – Leave to remain. The claimant sought a declaration that the Secretary of State's delay in deciding his application for leave to remain was unlawful, including contrary to art 8 of the European Convention on Human Rights. The Administrative Court held that the Secretary of State had been in breach of her duties under s 55 of the Borders, Citizenship and Immigration Act 2009 for failing to put in place arrangements to safeguard the welfare of non-applicant children in the United Kingdom of an adult applicant. However, the Secretary of State's delay had not caused the claimant detriment or prejudice.
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