Akpan, R (on the application of) v Secretary of State for the Home Department

Akpan, R (on the application of) v Secretary of State for the Home Department

The Secretary of State's decision that Ms Akpan failed to demonstrate an absence of ties to Nigeria was rational and lawful given the limited evidence provided and her formative years spent in Nigeria.

Parties
Applicant/respondent: Richie Boniface Akpan; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Judicial Review (immigration) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; application for judicial review dismissed.
Legal Topics
Leave to Remain, Paragraph 276 ADE Immigration Rules, Judicial Review, No Ties Requirement
Immigration Law Administrative Law Leave to Remain Paragraph 276 ADE Immigration Rules Judicial Review No Ties Requirement

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Parties

Richie Boniface Akpan

Applicant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Judicial Review (immigration) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Ms Akpan has 'no ties (including social, cultural or family)' with Nigeria under paragraph 276ADE(vi) of the Immigration Rules
  2. 2 Whether the Secretary of State's decision was irrational

Ratio Decidendi

The Secretary of State's decision that Ms Akpan failed to demonstrate an absence of ties to Nigeria was rational and lawful given the limited evidence provided and her formative years spent in Nigeria.

Court Disposition

Appeal allowed; application for judicial review dismissed.

Orders

  • Ms Akpan’s application for judicial review is dismissed.