Qongwane and others v Secretary of State for the Home Department; R (the application of Singh (India)) v Secretary of State for the Home Department [2014] All ER (D) 167 (Jul)
Paragraph 353B of the Statement of Changes in Immigration Rules HC395 did not confer a discretion on the secretary of state. It was implicit in s 84(1)(f) of the Nationality, Immigration and Asylum Act 2002 that the secretary of state might exercise discretions that related to immigration and asylum other than those conferred by the rules. The discretion not to remove a migrant with no rights to be in the UK was not one that was subject to any rule; it was a discretion exercised outside those rules. Paragraph 353B did not of itself create an obligation on the secretary of state to carry out a review in the circumstances to which it referred. A decision by the secretary of state that there were no exceptional circumstances that justified a finding that removal was no longer appropriate could not be appealed under s 84(1)(f) of the Act.
