“…obligation to consider the exercise of his discretion, at least when asked to do so, see e.g. R (Behary and Ullah) v Secretary of State for the Home Department [2016] EWCA Civ 702; [2016] 4 WLR 136 at [39] per Burnett LJ (as he then was):…”
“…etion in the circumstance that existed in this case, namely that the exercise of discretion was expressly requested by the applicant: R (Behary & Ullah) v SSHD [2016] EWCA Civ 702 .…”
“…[2016] EWCA Civ 702, also a case concerning applications under paragraph 245ZX of the Immigration Rules, Burnett L.J., as he then was, said (in paragraph 38 of his judgment) that …”
“…pplication or refuse to “listen to anyone with something new to say”. It is also confirmed by R (Behary and Ullah) v Secretary of State for the Home Department [2016] EWCA Civ 702, para 39, where the Court of Appeal held that there was no obligation on the Home Office to consider whether to grant leave to remain outside the Immigration R…”