‘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 applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’

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EIN Blog, 18th August 2022

Source: www.ein.org.uk