- Cited — The Secretary of State for the Home Department v The Queen (on the application of) AM 2022-06-10
“…in AM’s favour in the balance. Mr Dunlop submits that this approach was wrong because there is no “near miss” principle, see for example Patel v Home Secretary [2013] UKSC 72; [2013] 3 WLR 1517 at paragraph 56. In any event, on a proper consideration of paragraph 276ADE of the Immigration Rules there was no near miss because AM coul…”
- Cited — Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) 2021-03-31
“…The Appellant seeks comfort from the statement and reasoning of Lord Carnwath in Patel v Secretary of State for the Home Department [2013] UKSC 72 at [29] that “the law has moved beyond the proposition that human rights only arise on removal decisions.” The statement is uncontroversial, but was made in a …”
- Cited — Balajigari v The Secretary of State for the Home Department 2019-04-16
“…Ms Anderson and Mr Malik sought to reinforce this point by reference to the decision of the Supreme Court in Patel v Secretary of State for the Home Department [2013] UKSC 72, [2014] 1 AC 651, which confirmed the distinction between a decision to refuse leave to remain and a decision to remove.…”
- Cited — Kaur v Secretary of State for the Home Department 2018-05-24
“…[2013] UKSC 72 (by Lord Carnwath in paragraph 56 of his judgment) “a near-miss under the rules cannot provide substance to a human rights case which is otherwise lacking in m…”
- Cited — Onwuje & Anor v The Secretary of State for the Home Department 2018-03-01
“…g power for cases which do not meet the Rules”, contrary to what is said in the judgment of Lord Carnwath in Patel v Secretary of State for the Home Department [2013] UKSC 72, [2014] AC 651: see paras. 56-57 (p. 674 G-H).…”
- Cited — Mudiyanselage v The Secretary of State for the Home Department 2018-01-30
“…The case subsequently went to the Supreme Court – [2013] UKSC 72, [2014] AC 651 – but on a different issue, and the judgments contain nothing material for our purposes.…”
- Cited — Mudiyanselage v The Secretary of State for the Home Department 2018-01-30
“…[2013] UKSC 72…”