In the Court of Appeal (Civil Division) - On the Appeal from the High Court of Justice, Queen's Bench Division Administrative Court
The sole issue in this appeal concerns the circumstances when, notwithstanding a person's right to an "out-of-country" appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act"), it is appropriate for his case to be dealt with in judicial review proceedings.
The appellant, Amit Sood, now aged 31, is a citizen of India who entered the United Kingdom as a Tier 4 (General) Student Migrant on 18 January 2010 on a visa valid until 31 July 2012. On 27 November 2012, his leave to remain was extended until 19 January 2014.
These proceedings arise as a result of three decisions made on 29 June 2014 by the respondent to this appeal, the Secretary of State. They were: (a) to remove the appellant from the United Kingdom, pursuant to section 10 of the Immigration and Asylum Act 1999 ("the 1999 Act") ("the section 10 removal decision"); (b) to refuse an application he made on 16 January 2014 for variation of his leave to remain as a Tier 4 (General) Student Migrant ("the variation decision"); and (c) to detain him pursuant to the powers in Schedule 2 to the Immigration Act 1971 ("the 1971 Act") ("the decision to detain") .