- Cited — Wang & Anor, R (On the Application Of) v Secretary of State for the Home Department 2021-05-11
“… conclusion that in practice Ms Wang had no choice but to invest in Eclectic. That is legitimate. The position is analogous to that in R (Mudiyanselage) v SSHD [2018] EWCA Civ 65, [2018] 4 WLR 55, in which the relevant Immigration Rule for one of…”
- Cited — Taj, R (On the Application Of) v The Secretary of State for the Home Department 2021-01-20
“…le trade-off for a system which is clear precise and predictable: See for instance Talpada v SSHD [2018] EWC Civ 841 at paragraph [36] and Mudiyanselage v SSHD [2018] EWCA Civ 65 at paragraph [65] cited in the Judgment below at paragraph [47] (see paragraph [32] above). The impression given by these observations is that a PBS is tough f…”
- Cited — Junied, R (on the application of) v Secretary of State for Home Department 2019-12-20
“…etime occur in particular cases. As further noted by Underhill LJ at paragraph 56 of his judgment in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, [2018] 4 WLR 55, after he had reviewed a number of the authorities:…”
- Cited — Suny, R (on the application of) v The Secretary of State for the Home Department 2019-06-19
“…only the observations of Lord Walker in Alvi which he cites but the recent decision of this Court in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, [2018] 4 WLR 55, which reviews the numerous authorities about the nature of decisiontaking under the PBS. But the present case illustrates that some of the ju…”
- Considered — Sajjad, R (On the Application Of) v Secretary of State for the Home Department 2019-04-17
“…The scope of paragraph 245AA was considered in the recent case of Mudiyanselage v SSHD [2018] EWCA Civ 65, [2018] 4 WLR 55. The effect of that decision is that evidential flexibility is limited to the particular circumstances for which paragraph 245AA itself provid…”
- Considered — Islam, R (on the application of) v Secretary of State for the Home Department 2019-03-26
“…Home Department [2018] EWCA Civ 65 (‘Mudiyanselage’). Underhill LJ (with whom Sir Colin Rimer and Sir Brian Leveson P agreed) considered in particular the extent of the “evidential flexibility p…”
- Cited — Singh v Secretary of State for the Home Department 2018-12-20
“…Secretary of State for the Home Department [2018] EWCA Civ 65, [2018] 4 WLR 55.…”
- Cited — Kousar & Ors v The Secretary of State for the Home Department 2018-11-07
“…and has in any event been shown to be limited in extent and effect, as at the relevant period, so that it cannot avail the Appellant, see: Mudiyanselage v SSHD [2018] EWCA Civ 65. Hence there was no jurisdiction for an appeal, and the UT was correct. The merits of the applications do not arise. If the refusal on the merits (of the secon…”
- Cited — Kaur v Secretary of State for the Home Department 2018-05-24
“…[2018] EWCA Civ 65, at paragraphs 36 to 56). The burden of his argument was that the Upper Tribunal had proceeded on the basis of a “misidentification” of what the First-tier Tri…”
- Cited — Talpada, R (On the Application Of) v The Secretary of State for the Home Department 2018-04-24
“…nd objective application process” than its predecessor system. It can lead to what were described in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65 as “harsh outcomes” and “hard edged decisions”,but as Underhill LJ, who gave the lead judgment and conducted a review of all the relevant authorities, observed…”