Bajracharya, Regina (on The Application of) v Secretary of State for The Home Department (Para 34 – Variation – Validity): UTIAC 20 Nov 2019

(1) Paragraph 34 [A-F] of the Immigration Rules is to be construed by the application of the ordinary principles of statutory construction, which start from the natural meaning of the words in their context.
(2) Paragraph 34 requires applicants to make an application for leave to remain in accordance with the provisions of 34.
(3) If a second application is submitted when the first application is outstanding, the second application will be treated as a variation of the first application [34BB(2)].
(4) If the variation does not comply with the requirements in paragraph 34 ‘the variation will be invalid and will not be considered’ (paragraph 34E). Invalidity does not extend to the original application.

Citations:

[2019] UKUT 417 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 26 November 2022; Ref: scu.650797