02 December 2016
R (on the application of AB) v Secretary of State for the Home Department [2016] EWHC 2751 (Admin), [2016] All ER (D) 136 (Nov)
The Administrative Court, in dismissing the claimant’s claim, held that the proper construction of para 334 of Pt 11 of the Immigration Rules, as had been in force in September 2012, meant that the claimant had needed to either be in the UK, or at a port in the UK, at the time the defendant secretary of state had been considering a decision on his asylum application. As the claimant had not satisfied those conditions, his application had failed.
