The following Immigration guidance note Produced in partnership with Shahjahan Ali of DAC Beachcroft LLP provides comprehensive and up to date legal information covering:
A decision by the Secretary of State for the Home Department (SSHD) acting by the Home Office to refuse to grant a sponsor licence under Tiers 2 & 5 is not subject to any right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), although since 6 April 2016 there has been a 'pre-licence error correction' procedure. Decisions to suspend, downgrade or revoke sponsor licences have no right of appeal or review.
Operating a sponsor licensing system without a right of appeal to an independent tribunal has been held to be compliant with Article 6 of the European Convention on Human Rights 1950 (right to a fair trial). The Court of Appeal in R (New London College Ltd) v SSHD confirmed that judicial review was an appropriate and sufficient remedy in these circumstances.
The criteria for the grant, suspension or withdrawal of a sponsor licence are currently contained solely within Home Office guidance. See the Applying for a licence, Sponsor duties and responsibilities and Downgrading or revocation of a licence topics in Lexis®PSL Immigration for more details.
The lawfulness of the licensing regime for Points-Based System (PBS) sponsors was confirmed in July 2013 by the Supreme Court in the conjoined cases of R (New London College Limited) v Secretary of State for the Home Department (SSHD); R (West London Vocational College Limited) v
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