The SSHD appealed against an order finding that its officer had acted without power in cancelling a valid visitor’s visa once granted. The officer had decided that the visit was not for the purpose stated.
Held: The appeal succeeded. The paragraph of the rules quoted by the officer did not apply. The appellant then wrote confirming the cancellation saying that the purpose of the visit was to work. The power existed, but had been incorrectly exercised. The decision to cancel the visa was quashed, but the decision to refuse leave to enter remained in effect and the claimant must leave the country as soon as possible.
Mummery, Thomas LJJ, Pitchford J
[2010] EWCA Civ 585, [2010] WLR (D) 143, [2010] INLR 632
Bailii, WLRD
Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161) 3, Immigration Act 1971
England and Wales
Citing:
Appeal From – Boahen, Regina (On the Application of) v Secretary Of State for the Home Department Admn 5-Jun-2009
The claimant, from Ghana, had entered on a visitors visa, but had stayed on after its expiry. He said that he had not left because of his health. He returned to Ghana, and now sought to be re-admitted, the SSHD having granted a visa, but then . .
Cited by:
Cited – Fiaz (Cancellation of Leave To Remain – Fairness) Pakistan UTIAC 22-Feb-2012
UTIAC i) An immigration officer has power to cancel a leave to remain which remains in force under article 13(5) of The Immigration (Leave to Enter) Order 2000 (SI 2000/1161).
ii) The provisions of that . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 09 November 2021; Ref: scu.416166