Wasif, Regina (on The Application of) v Secretary of State for The Home Department (Rule 34 – ‘Print and Send’) (IJR): UTIAC 30 Apr 2015

References: [2015] UKUT 270 (IAC)
Links: Bailii
Coram: McCloskey J, P UT
UTIAC (i) An application for leave to remain in the United Kingdom must comply with the requirements of paragraph A34 and all material provisions of paragraphs 34A – 34K of the Immigration Rules.
(ii) Between June 2013 and August 2014, Tier 4 applicants had the choice of submitting their applications either on line or by the ‘Print and Send’ mechanism.
(iii) The correct construction of the Rules is as follows:
(a) The first of these options required the submission of the completed application form on line and the provision of supporting documents by post.
(b) The second option, ‘Print and Send’, required the applicant to print the completed application form and send it, with accompanying supporting documents, by post. The ‘Print and Send’ instruction does not amount to an on-line application.
(iv) A failure to comply with the requirements in 34A (per paragraph 34C) invalidates the application.