Ikuga, R (on the application of) v Secretary of State for the Home Department

LORD JUSTICE LONGMORE: 1. We will not give leave on the second and third points which Mr Saini has adumbrated. We think we should give leave on what I will call the point that arises in Mrs Agyarko’s case since, as I indicated earlier, Sir Stephen has already given permission for the point in that case. We think we should also give permission on the first of Mr Saini’s separate new grounds, namely whether the Upper Tribunal should have, as Mr Saini would say, exercised the discretion that the Secretary of State had in deciding whether or not there were insurmountable obstacles. 2. We will be reserving judgment in both Mrs Agyarko’s case and the case of Mrs Ikuga and we will be distributing a draft in the usual way. We will be grateful for corrections; any further submissions to be in writing. Order: (Judgment reserved) .