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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Joshi & Anor, R (On the Application Of) v Secretary of State for the Home Department  EWHC 216 (Admin) (09 February 2016)
Cite as:  EWHC 216 (Admin)
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QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
B e f o r e :
(Sitting as a Deputy Judge of the High Court)
| THE QUEEN on the application of
(1) PRIYANKA ANN JOSHI
and (2) DINY THOMAS
|- and -
|SECRETARY OF STATE FOR
THE HOME DEPARTMENT
William Hansen (instructed by The Treasury Solicitor) for the Defendant
Hearing date: 9 December 2015
Crown Copyright ©
Professor Christopher Forsyth :
Procedural history of the applications for judicial review
The primary issue for decision: was the decision of the 6th May a nullity?
Was the application of the 4th March 2015 a "human rights claim"?
Did the refusal of the application of the 4th March 2015 take effect when made (on the 6th May 2015) or when served (on the 11th June 2015)?
"(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.
(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
The second issue: unlawful detention
Conclusions and Miscellaneous