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The Appellants, both nationals of Pakistan had made applications to extend their student visas prior to the expiration of their leave. The Secretary of State refused their applications and invalidated their existing leave by service of removal decisions under section 10 of the Immigration and Asylum Act 1999. Both Appellants lodged judicial review claims challenging the removal decisions.

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The hearsay evidence of Ms Collings and Mr Millington, the two main witnesses relied on by the Secretary of State was inherently limited in that neither of these witnesses possessed any relevant qualifications, credentials or expertise in what is ultimately a scientific field - namely, voice recognition technology and techniques;
There was no evidence from ETS;
The evidence from expert Dr. If you loved this article and also you would like to get more info regarding truy cập nicely visit the webpage. Harrison was persuasive and remained unchallenged by the Secretary of State;
The Appellant’s themselves were found to be truthful.

In relation to Mr. Ali not receiving prior notice of the removal decision, the Court held that this did not prevent him from responding to the notice or by making further representations. In any event, such matters relating to procedural fairness could adequately be dealt with by the appellate process.

The Court referred to R (Anwar and Adjo) v Secretary of State for the Home Department [2010] EWCA Civ 1275 where the words ‘stifle an appeal’ were used but distinguished that case to that of the Appellants on the basis that here, there were no findings of facts made by the tribunal and the Secretary of State was not trying to re-litigate a matter after losing an appeal.

With respect to the no alternative remedy question, Mr. Malik contended that if the section 10 removal decision invalidated the Appellants’ leave, they had no appeal against the refusal to vary their leave. Therefore even if the section 10 notices were successfully challenged in out-of country appeals, the refusal of the applications to vary would still stand unless they were set aside by judicial review proceedings. He argued that there was no difference between an application for a variation of leave and an application for further leave to remain

A Home Office spokesperson told the Financial Times: "We are very disappointed by the decision and are awaiting a copy of the full determination to consider next steps including an appeal. It would be inappropriate to comment further at this stage."

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Lord Justice Beatson also stated that where there are disputes of facts, as was the case here, these are rarely likely to constitute ‘special or exceptional circumstances’, partly because judicial review was not suited to resolve such issues. In addition, matters of procedural unfairness could be considered in an appeal and were rarely likely to constitute ‘special or exceptional’ factors.

AWS Solicitors, who represented one of the two students in the case, released a press release following the ruling which you can read here on Free Movement. A summary of the judgment is also available here.

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