“…igration Act 1971 to grant leave to enter or remain where leave would not be granted under the Rules, see R(Munir) v Secretary of State for the Home Department [2012] UKSC 32; [2012] 1 WLR 2192. The fact that there was a discretion to exercise meant that the guidance relating to that discretion was unlikely to be a rule (requiring t…”
“…retains a discretion to grant leave to enter in circumstances not provided for in the Rules, i.e. LOTR – R (Munir) v Secretary of State for the Home Department [2012] UKSC 32, [2012] 1 WLR 2192. The exercise of that power is the subject of formal Home Office guidance. Version 1 of “Leave outside the Immigration Rules” (“the Guidance…”
“…arliament under section 3(2) of that Act. Immigration Rules are an integral part of the statutory scheme (R (Munir) v Secretary of State for the HomeDepartment [2012] UKSC 32; [2012] 1 WLR 2192 at [26]-[27] per Lord Dyson JSC). However, asylum law in this jurisdiction is ultimately derived from a variety of international treaties an…”