Farooq, R (On the Application Of) v Secretary of State for the Home Department (meaning of permission to stay)
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
The case concerns the interpretation of the phrase “permission to stay” in immigration law.
What the court decided
The Tribunal held that "permission to stay" has the same meaning as "leave to remain" under the Immigration Act 1971, and is a unitary concept encompassing both temporary (limited) leave and permanent leave, including indefinite leave to remain / settlement. Consequently the criminality ground for refusal in paragraph 9.4.1 of Part 9 of the Immigration Rules applies to settlement applications made under Appendix Long Residence. Applying that construction, the Secretary of State had lawfully refused the applicant's indefinite-leave (long residence) application on the basis of his 2006 conviction and 12-month custodial sentence.
Categories
This is a research and reference resource, not legal advice. Summaries are prepared from public sources and may be incomplete or out of date. Always read the original judgment or document and consult a qualified lawyer in the relevant jurisdiction before acting.
Narrative summaries on this page are licensed CC BY-NC 4.0. Reuse them with attribution to JusticeHub for non-commercial purposes. Original judgments and source documents remain under their own terms; follow the authoritative link for the source of record.