LS Legal News Bulletin
Court of Appeal rules that visa conditions do not have legal effect unless notified in writing
Friday 29th December 2017
On 15 December 2017 The Court of Appeal delivered its judgment in the case of Anwar v the Secretary of State for the Home Department [2017] EWCA Civ 2134. The Court held that the Home Office can only impose conditions on visa holders if they have notified the visa holder of these conditions in writing. If the Home Office fails to do this, or is unable to produce evidence that the notice was sent, it will be unable to rely on any purported breach of a visa condition to justify a decision to refuse a subsequent application, curtail a person's leave, or remove a person from the UK.
The case concerned Mr Anwar, who came to the UK as a Tier 4 (General) Student migrant in 2009 in order to study at the college, which was further extended in 2011. He subsequently enrolled in a second educational institution, which did not sponsor his visa and failed his exams at the first institution. Mr Anwar was then accepted for further studies at a third institution and when he was applying for leave to remain as a Tier 4 (General) Student in 2013 his application was refused by the Home Office on the allegation that he had violated his previous leave, having failed his studies at the sponsoring institution and relied on the studies of the non-sponsoring.
It appears that Mr Anwar indeed violated the Immigration Rules prohibiting a Tier 4 Student visa holder from studying at an institution different from the sponsoring institution, unless it is supplementary to the main studies. However, Mr Anwar had never received a letter from the Home Office outlining this prohibition and confirming the grant and conditions of his leave as a Tier 4 (General) Student. He only received the leaflet accompanying his Biometric Residence Permit.
The Court of Appeal decided that the imposition of conditions to a migrant does not happen automatically, but the Home Office must specifically inform the person by notice in writing of any restrictions imposed upon them. It further stipulated that the Home Office is required to provide the conditions of each grant of leave with sufficient clarity in order to create an obligation on the applicant and acting otherwise will not result in a condition to be binding.
This decision could have wide-reaching implications, given that unfortunately it is not currently the Home Office practice to outline any conditions imposed when granting a visa application.
LS Legal Solicitors are experienced in assisting with visas under all immigration categories. Please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.
