- Secretary of State’s duty to notify promptly following licence revocation (R (Pathan) v SoS Home Department)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Immigration analysis: The court held that the Secretary of State (SoS) duty to promptly notify migrants sponsored under Tier 2 (General) if their sponsor’s licence is revoked. However, the court found no corresponding duty to grant 60 days leave to allow a migrant to find an alternative sponsor. Although this leaves Tier 2 applicants in the precarious position of becoming an overstayer and having to leave the UK at short notice if their sponsor’s licence is revoked, that is no different to any applicant whose application is refused after the expiry of their leave. The court found that by failing to notify the applicant until the refusal decision, which was some nine months after he submitted his application, the SoS prevented him from having the opportunity to make representations or pursue a different application for leave within the remit of section 3C of the Immigration Act 1971. Written by Shahjahan Ali, partner at DAC Beachcroft LLP.
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