“395C.Before a decision to remove under section 10 is given, regard will be had to all the relevant factors known to the Secretary of State, including: (i) age; (ii) length of residence in the United Kingdom; (III) strength of connections with the United Kingdom; (iv) personal history, including character, conduct and employment record; (v) domestic circumstances; (vi) previous criminal record and the nature of any offence of which the person has been convicted; (vii) compassionate circumstances; (viii) any representations received on the person’s behalf. In the case of family members, the factors listed in paragraphs 365-368 must also be taken into account.”
“79. Sections 82 and 84 provide the context for the interpretation of Section 85. Here again, the word ‘decision’ in sub-Section (1) must in my view mean an immigration decision of the kind identified in Section 82(1); and the word ‘decision’ in sub-Section (2) must have the same meaning. Section 85(2) imposes a duty on the Tribunal to consider any matter raised in a statement made under Section 120 insofar as it constitutes a ground of appeal of a relevant kind against the decision under appeal. Thus far, it seems to me, the natural meaning of these provisions is to impose on the Tribunal a duty to consider matters raised by the appellant insofar as they provide grounds for challenging a substantive decision of the kind identified in Section 82 that affects his immigration status. On the face of it they do not restrict that duty to considering grounds that relate to the reasons for that decision or to the original grounds of appeal.”
“103. It is clear that the underlying legislative policy is to prevent successive applications which, as Arden LJ says, are likely to prolong the period in which a person’s status is uncertain and undetermined. In my judgment, that policy is better served by a “One-stop” procedure that enables all, rather than merely some, of an appellant’s “other grounds” for remaining in the United Kingdom to be considered by the AIT at one appeal hearing. The inconsistency between the narrower interpretation and the underlying policy objective – to prevent successive applications – is a powerful reason for preferring the wider, rather than the narrower, interpretation, since the latter encourages a “Multi-stop” appeal process.”