UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002.
(2) There is no statutory instrument under the 1971 Act dealing with the means of giving notice for the purposes of section 4(1) of a decision under that Act, which is not an immigration decision.
(3) Accordingly, the Secretary of State has to be able to prove that notice of such a decision was communicated to the person concerned, in order for it to be effective. Communication will be effective if made to a person authorised to receive it on that person’s behalf: see Hosier v Goodall [1962] 1 All E.R. 30; but the Secretary of State cannot rely upon deemed postal service.
Judges:
Spencer UTJ
Citations:
[2013] UKUT 144 (IAC)
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 82, Immigration (Notices) Regulations 2003, Immigration Act 1971
Jurisdiction:
England and Wales
Citing:
Cited – Hosier v Goodall QBD 1962
A notice of intended prosecution was sent to the defendant in connection with an allegation of driving without due care and attention. When the matter came before the court, the defendant argued that the prosecution had failed to meet the . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 14 November 2022; Ref: scu.472149
