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 still effective to engage the automatic extension provisions.
Held: Section 3C did not extend to an application which was not validly made in accordance with the rules.
Elias, Rafferty, Beatson LJJ
[2016] 2 All ER 469, [2015] EWCA Civ 838, [2015] WLR(D) 351, [2016] INLR 367, [2016] 1 WLR 582, [2016] Imm AR 77
Bailii, WLRD
Immigration Act 1971 3C, Immigration, Nationality and Asylum Act 2006 50, Immigration and Nationality (Fees) Order 2011, Immigration and Nationality (Fees) Regulations 2011, UK Borders Act 2007 5, Immigration (Biometric Registration) Regulations 2008 3
England and Wales
Cited by:
Cited – Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department SC 14-Dec-2016
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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 03 January 2022; Ref: scu.550898