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Immigration

15 July 2016
Issue: 7707 / Categories: Case law , Law digest , In Court
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R (on the application of Behary) and another v Secretary of State for the Home Department [2016] EWCA Civ 702, [2016] All ER (D) 43 (Jul)

The Court of Appeal, in dismissing two linked appeals, considered the meaning of “established presence” in para 14 of Appendix C of the Immigration Rules, in respect of two appellants who had been refused an extension to their Tier 4 student visas because they had applied the day after their previous leave had expired. The court held that the word ‘current’ in para 14 did not encompass “recent” or “latest”, but referred to an existing state of affairs. It required the applicant concerned to have the relevant leave (or entry clearance) at the date on which he made his application for leave. If at the date of application that leave had expired, it was not current.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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