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In this case, the Claimant brought a judicial review challenge to the Secretary of State's decision to refuse the his application for leave to remain in the UK, on the basis that the decision was contrary to the claimants' right to respect for his family life under Article 8 ECHR as he had established a family in the UK. The case concerned an important point of principle, namely whether the refusal of leave to remain to a person unlawfully present in the UK could in principle constitute an 'interference' with his/her rights under Article 8 ECHR in circumstances where removal directions had not yet been made. Ouseley J held that there was no interference with Article 8 rights in these circumstances since the refusal of leave to remain did not of itself change the claimant's legal status. Charles Banner appeared for the successful defendant, the Secretary of State for the Home Department (instructed by the Treasury Solicitor).
