UTIAC Leave that has been extended by virtue of section 3C of the Immigration Act 1971 is invalidated by section 10(8) of the Immigration and Asylum Act 1999 where a decision is made under section 10 to remove the person having such leave. Lane UTJ [2014] UKUT 494 (IAC) Bailii England and Wales Immigration Updated: … Continue reading Ali, Regina (on The Application of) v Secretary of State for The Home Department (S3C Extended Leave: Invalidation) (IJR): UTIAC 8 Oct 2014
patelUTIAL201505 S.3C(4) of the Immigration Act 1971 prohibits an application for leave to remain that is made on the same day as, and even if said to be simultaneous with, the applicant’s withdrawal of his appeal before the First-tier Tribunal (Immigration and Asylum Chamber). Gill UTJ [2015] UKUT 273 (IAC) Bailii Immigration Act 1971 3C(4) … Continue reading Patel, Regina (on The Application of) v Secretary of State for The Home Department (S3C, : Simultaneous Application – Withdrawal) (IJR): UTIAC 6 May 2015
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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 … Continue reading Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department: SC 14 Dec 2016
UTIAC (Limited Leave : Meaning) Pakistan – ‘Limited leave’ under s. 10(i)(a) of the Immigration and Asylum Act 1999 includes leave under s. 3C of the Immigration Act 1971. Judges: C M G Ockleton VP Citations: [2011] UKUT 410 (IAC) Links: Bailii Statutes: Immigration Act 1971 3C, Immigration and Asylum Act 1999 10(i)(a) Jurisdiction: England … Continue reading Kishver v Secretary of State for the Home Department: UTIAC 5 Oct 2011
Judges: McCombe, King, Nicola Davies LJJ Citations: [2018] EWCA Civ 2612, [2018] WLR(D) 741 Links: Bailii Statutes: Immigration Act 1971 3C Jurisdiction: England and Wales Immigration Updated: 12 September 2022; Ref: scu.630701
The claimant had sought judicial review of the respondent’s refusal to him of extended leave to remain. The Upper Tribunal had rejected his claim for review saying that he had not taken the aveune of an appeal to the First-Tier Tribunal. Held: The appeal succeeded. The Upper Tribunal should have looked at the case on … Continue reading Khan v Secretary of State for The Home Department: CA 8 Jun 2017
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 biometric information. The appellants contended that an application which was ‘invalid’ under the regulations was … Continue reading Iqbal and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 30 Jul 2015
UTIAC A Tier 4 (General) Student application can be varied by virtue of the provisions in s. 3C(5) of the Immigration Act 1971. There is no restriction in s.3C(5) on the number of occasions on which application for variation of the original application can be made provided notice of variation is given prior to the … Continue reading Qureshi (Tier 4 – Effect of Variation – App C) Pakistan: UTIAC 21 Nov 2011
Claimants sought permission to appeal (with appeals to follow if permission was granted) against refusal of their judicial review claims against decisions by the Home Secretary as to their leave to remain. The central issues in all three cases . .
1. As held in AS (Afghanistan) and NV (Sri Lanka) [2010] EWCA Civ 1076, there is no time limit on serving a Statement of Additional Grounds in response to a ‘section 120 notice’. Thus, an appellant may accrue ten years’ lawful leave (including leave extended by section 3C of the 1971 Act) while his appeal … Continue reading MU (‘Statement of Additional Grounds’; Long Residence; Discretion) Bangladesh: UTIAC 18 Nov 2010
UTIAC (1) It is clear that income from illegal employment in the host Member State on the part of a parent of a ‘Chen’ child (Case c-200/02 Chen [2004] ECR I-9925) cannot create self-sufficiency for that child (W (China) and X (China) [2006] EWCA Civ 1494).(2) The proposition in MA and Others (EU national: self-sufficiency; … Continue reading Seye (Chen Children; Employment) France: UTIAC 28 Mar 2013
EAT UNFAIR DISMISSAL – CompensationThe Employment Tribunal erred in law in awarding compensation for loss of earnings for a period after the Claimant’s leave to remain in this country, extended under Immigration Act 1971 section 3C(2)(c), had expired. Although the ET noted that the Claimant had been informed that the UKBA had refused his application … Continue reading Kings Castle Church v Okukusie: EAT 13 Jun 2012
EAT Unfair Dismissal : Compensation – Claimant of Indian nationality given leave to enter the UK on basis of work permit authorising employment by Respondent for five years – Claimant unfairly dismissed during fifth year – Tribunal caps compensation as at date of expiry of the five-year period on basis that it would have been … Continue reading Ram v JD Wetherspoon Plc: EAT 25 Aug 2011
UTIAC (1) Immigration Judges have jurisdiction to determine whether decisions on variation of leave applications are in accordance with the law, where issues of fairness arise.(2) Where a sponsor licence has been revoked by the Secretary of state during an application for variation of leave and the applicant is both unaware of the revocation and … Continue reading Patel (Revocation of Sponsor Licence – Fairness) India: UTIAC 6 Jun 2011
UKIAT The expression ‘current . . leave to remain’ in para 245ZX(I) of the Statement of Changes in the Immigration Rules HC 395 as amended must refer to an applicant’s/appellant’s substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 (‘s.3C leave’), the expression would be meaningless. … Continue reading QI (Para 245Zx(I) Considered) Pakistan: UTIAC 6 Jul 2010
Judicial review of a decision of the respondent of 20 September 2013 rejecting an application he made on 8 August 2013 for leave to remain as a Tier 4 (General) Student. The respondent refused the application on the ground that the applicant had an outstanding appeal against an earlier decision of 14 January 2013 and … Continue reading Rashid, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 2 Apr 2015
UTIAC In s.47 of the 2006 Act as amended by s.51 of the 2013 Act, sub-paragraphs (i) and (ii) of subsection (1A)(a) refer to the application, not the decision. A decision reported in the Notice of Decision in the form ‘the Secretary of State has decided that you should be removed’ is a decision of … Continue reading Castro and Another v Secretary of State for The Home Department (Removals: S47 (As Amended)) Philipines: UTIAC 12 May 2014
UTIAC A person under the Nationality, Immigration and Asylum Act 2002 who has under the statute, only a restricted right of appeal, has, by reason of the Immigration (Notices) Regulations 2003, a right of appeal that is unrestricted as to time.Where an appeal can only be brought on restricted grounds because of section 88 of … Continue reading CHH (Notices Regulations – Right of Appeal – Leave To Remain) Jamaica: UTIAC 28 Mar 2011
