Immigration – Leave to remain

Immigration – Leave to remain.

An application for leave to remain which the applicant was not permitted to make under s 3C(4) of the Immigration Act 1971 did not extend the applicant’s leave under s 3C(2) because the Secretary of State refused that application on its merits, rather than rejecting it as invalid, held the Court of Appeal in R (on the application of Basir) v Secretary of State for the Home Department [2018] EWCA Civ 2612. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant Pakistani national’s appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber), dismissing his application for judicial review of the Secretary of State’s refusal of further leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant.