Refusal to vary leave to remain decision challenged


Re: RS (Afghanistan) v Secretary of State for the Home Department [2016] EWCA Civ 1179

Appeal by RS against the refusal to vary his leave to remain. The claimant appealed on the ground that the Upper Tribunal erred in treating adulthood as a ‘bright line’ in the assessment of the risk. Secondly, the claimant contended that the Upper Tribunal failed to address the unfairness suffered by the appellant through the failure of the Secretary of State to trace his family, and resulting from the loss of the opportunity to have his claim determined on a lawful basis when he was a child.

Chris Buttler and Raza Husain QC were involved in this case.