23 October 2015
Mandalia v Secretary of State for the Home Department [2015] UKSC 59, [2015] All ER (D) 97 (Oct)
The Supreme Court considered the appellant’s appeal against a decision by the defendant secretary of state, by which his application for leave to remain in the UK had been dismissed, on the ground that the applicant had only provided bank statements covering 22 of the required 28 days. The court held that the refusal of the appellant’s application had been unlawful because, properly interpreted, the process instruction by which such applications were covered had obliged the UK Border Agency first to repair the deficit in his evidence before rejecting it.
