STERLING LAW 02.12.2020

PROCEDURAL UNFAIRNESS IN SKILLED WORKER (T2 GENERAL) APPLICATION ?

Procedural unfairness in Skilled Worker (T2 General) application ? The Court of Appeal provides further clarification
 

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal examined two questions:

  1. At what point is an immigration application decided by the Home Office?
  2. Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?

The Court of Appeal decided:

  1. The immigration application had been decided at the point of the Home Office’s initial refusal notice. Administrative review of that decision is not an extension of the decision-making process;
  2. There is no absolute requirement that the Home Office must give an applicant prior notice of something that might affect the consideration of their application.

It is paramount that any company planning to sponsor a migrant worker (which will include EEA nationals) should be aware of the need to respond to any request for further information from the Home Office. Failure to reply, or to provide answers, could lead to the application being refused.

If you need further clarification or assistance with your application, please contact us.

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