In each case the applicant had sought to extend their leave to remain within the necessary time scale, but their applications had been defective. In one case the required biometric information had not been supplied, and in the other two the fees had not been paid.
Held: The appeals failed. The Regulations were explicit. If an application were not accompanied by the specified fee it was not validly made and, in ordinary language, an application which was not validly made could have no substantive effect: ‘There is no ambiguity in the words of regulation 37 of the 2011 Regulations. It provides in terms that if an application is not accompanied by the specified fee the application ‘is not validly made’. In ordinary language an application which is not validly made can have no substantive effect. There is nothing in the regulation to exclude section 3C from its scope.’
Judges:
Lady Hale, Deputy President, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge
Citations:
[2016] UKSC 63, [2017] INLR 325, [2017] 3 All ER 824, [2017] 1 WLR 85, [2016] WLR(D) 664, [2017] Imm AR 716, UKSC 2015/0209
Links:
Bailii, Bailii Summary, SC, WLRD, SC Summary
Statutes:
Immigration Act 1971 3C, Immigration (Biometric Registration) Regulations 2008 3 23, Immigration and Nationality (Fees) Regulations 2011 37
Jurisdiction:
England and Wales
Citing:
At IAT – IA016582005 (Unreported) AIT 19-Sep-2007
. .
At CA – JH (Zimbabwe) v Secretary of State for the Home Department CA 19-Feb-2009
. .
Cited – Suthendran v Immigration Appeal Tribunal HL 1977
The Appellant had been given leave under section 3(1)(b) of the 1971 Act to enter and remain in the United Kingdom for 12 months. Before it expired, he applied for his leave to be varied by way of extension under section 3(3)(a) of the Act. The . .
Cited – Iqbal and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 30-Jul-2015
Three applicants had sought an extension of their leave to remain pending the determination of an application to vary the period of leave. In each case, the applications had been faulty, either for non-payment of fees, or failure to provide . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 03 November 2022; Ref: scu.572399