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Ganesabalan, R (on the application of) v Secretary of State for the Home Department

2014

ADMINISTRATIVE COURT

UK

CORAM

  • MICHAEL FORDHAM QC

Areas of Law

  • Immigration Law
  • Human Rights Law

AI Generated Summary

The claimant sought judicial review of the decision denying him leave to remain in the UK, arguing that the Secretary of State failed to consider exceptional circumstances under Article 8 ECHR. The court agreed, establishing legal principles requiring a secondary stage for discretion outside the Immigration Rules and applying a proportionality test. Judicial review was granted, quashing the decision from February 2013.