Procedural unfairness in skilled worker (t2 general) application?

STERLING LAW 12.02.2021

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.

Oksana Demyanchuk

oksana@sterling-law.co.uk

Recent news
BRP card expiry 20.05.2021
If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date o...
DEBT AND MONEY CLAIMS IN THE UK 01.07.2021
We are accustomed to recovering money or defending claims for monetary sums on behalf of our clients. Unfortunately, the fact that it is not possible to recover hardly any legal...
CORONAVIRUS (COVID-19): WORKER AND STUDENT SPONSORS 13.01.2021
The Home office will not take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus. You do not need to report...
LEGAL COSTS – CAN YOU RECOVER THEM FROM YOUR OPPONENT? 01.07.2021
Kuldeep S. Clair, our senior Consultant Solicitor in Dispute Resolution and Employment Law offers his views on this important topic:  This question is understandably a common...
STERLING LAW 15.01.2021
What documents are now required by EU citizens to confirm their right to work in the UK?  The Home Office has confirmed that employers at present have no right to demand that EU...
Request consultation







    opening hours
    Mon-Fri:9am-6pm