R ((1) Yee Kiong Lim (2) Yet Kiow Sew) v Secretary of State for the Home Department (QBD)
30 November 2006
[2006] EWHC 3004 (Admin)
Before removing, under the Immigration and Asylum Act 1999 s.10(1), a person who had been granted limited leave to enter or remain, the Secretary of State had to establish on the balance of probabilities that there had been a failure to observe a condition attached to the leave to enter or remain. In this case, the claimant had the right to challenge the Secretary of State's removal decision by way of judicial review. The alternative remedy of an out-of-country appeal to the Asylum and Immigration Tribunal would not provide him with a fair hearing.