R (on the application of Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin), [2013] All ER (D) 15 (Apr)
There was full coverage of an individual’s rights under Art 8 of the Convention in all cases by a combination of the new immigration rules (as set out in the Statement of Changes laid on 13 June 2012 (HC 194)) and under the secretary of state’s residual discretion to grant leave to remain outside the Rules. Consequent upon that feature of the overall legal framework, there was no legal requirement that the new rules themselves provided for leave to remain to be granted under the Rules in every case where Art 8 of the Convention gave rise to a good claim for an individual to be allowed to remain. That had always been the position in relation to the operation of the regime of immigration control prior to the introduction of the new rules, and the introduction of the new rules had not changed those basic features of the regime
