R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022)
The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had utilized for indefinite depart to stay (“ILR”) on the bottom of 10 years’ steady lawful residence within the UK and who had a interval of overstaying in 2014 “book-ended” by intervals of depart was not in a position to depend on paragraph 276B(v) of the Immigration Rules. It is notable that present overstaying and former overstaying between intervals of depart are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal noticed that underneath paragraph 276B(v) a interval of overstaying between intervals of depart was disregarded the place the earlier utility was made earlier than 24 November 2016 and inside 28 days of the expiry of depart. Mr Iyieke had made an utility inside 28 days of the expiry of his depart in 2014—that was unsuccessful and he was later granted short-term admission on different grounds. In paragraph 276B(v), “the previous application” couldn’t refer to any unsuccessful utility made in a interval of book-ended depart earlier than 24 November 2016. The reference was to “the” earlier utility and never “a” earlier utility and “the” earlier utility had to have resulted in a interval of depart. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He utilized for depart to stay on 2 September 2014, which was inside 24…
