Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, [2012] All ER (D) 88 (Mar)
It was established that the service of a notice under s 120 of the Nationality, Immigration and Asylum Act 2002 was in the discretion of the secretary of state. He was not obliged to take that step and would presumably do so only if he was content that the tribunal should consider any matters put forward in response to it. Although good and efficient administration was furthered by the service of a s 120 notice, that was not a good or sufficient reason to do violence to the statutory wording and impose a duty where Parliament had clearly not done so. As the secretary of state was not under a duty to serve a s 120 notice the fact that he did not do so could not render an immigration decision unlawful. An applicant on whom no s 120 notice had been served could not raise before the tribunal any ground for the grant of leave to remain different from that which had been the subject of the decision of the
