R (on the application of Murdock) v Secretary of State [2011] EWCA Civ 161, [2011] All ER (D) 254 (Feb)
It would be contrary to the policy and objects of the Nationality, Immigration and Asylum Act 2002 Act (NA 2002) to impose an obligation on the Secretary of State when refusing an overstayer’s application for leave to remain to make at the same time an appealable refusal decision so as to confer a right of appeal.
It would be contrary to the policy and objects of NA 2002 because the list of appealable immigration decisions in s 82(2) made it clear that Parliament did not intend that overstayers, unlike those who were lawfully in the UK with leave, should have a right of appeal against a refusal of leave to remain. It was one thing to say that if there was a right of appeal under NA 2002, the policy of the Act was that all outstanding issues should be dealt with at that appeal; it was quite another to say that where there was no right of appeal a decision had to be made so as to confer
