In this appeal the Appellant’s leave was curtailed under paragraphs 322(5) and (5A) and 323(i) of the Immigration Rules whilst trying to remain in the UK as a spouse of a person present and settled in the UK. Paragraph 322(1C) concerns particularly serious offences into which the Appellant’s offence did not fall, however, the Secretary of State concluded that the Appellant’s offence had caused “serious harm”, as a result of which his leave had been curtailed under paragraph 322(5A) and also paragraph 322(5). The appeal deals with the issue that following removal any application for leave to re-enter will be refused on the same grounds that his leave was curtailed. The Appellant accepts that he cannot fulfil any set of criteria within the Immigration Rules that would lead to an entitlement to remain. The only claim that he has is reliant upon the Secretary of State’s discretion as governed by article 8, albeit as guided by the requirements of section 117A(2) and (3).
Citation: Tikka v The Secretary of State for the Home Department  EWCA Civ 642