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The Court held that section 4 of the 1971 Act explicitly provides that the power to give or vary leave shall be exercised by notice in writing. The fact that the Secretary of State may have made the decision to refuse the application on 7 July 2014 was not relevant. What was legally relevant was the date and time of service of the notice.

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By Alex Whiting
LONDON (Thomson Reuters Foundation) - At least 80 million children living in areas affected by war or natural disaster had their education disrupted last year, leaving them prey to child labor, trafficking and extremism, experts said on Thursday.
Many humanitarian aid appeals for 2015 ignored education, and aid appeals for education were only one-third funded. Overall, education received 1.4 percent of all humanitarian funds, British charity Theirworld said in a report.
"The new analysis ...(confirms) 2015 was a disastrous year for children who had their education disrupted by wars and natural disasters," said Susan Nicolai, head of development progress at the London-based think tank Overseas Development Institute.
"World leaders need to urgently guarantee that there isn't a future humanitarian emergency response where education isn't seen as critical," said Nicolai, whose institute's research produced the 80 million figure featured in the report.

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The alternative remedy question
The Court stated that it was common ground that it was only in ‘special’ or ‘exceptional’ circumstances that a court would allow a substantive challenge to a Section 10 removal decision to proceed by way of judicial review, rather than through the statutory appeal process – in this case, an out-of-country appeal. Mr. Malik argued that such circumstances existed in both cases, although more so in Mr. Ali’s case.

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In a letter dated 7 July 2014 served on Mr. Ali on 11 August 2014, he received removal notices. The letter referred to ‘the earlier section 10 removal decision’. The removal decision had been served on Mr. Ali two minutes before the letter refusing his leave to remain was served. Mr. Malik, counsel for the appellants argued that because the date on the letter refusing his application was 7 July 2014, this decision was made before the decision to curtail his leave. He was therefore entitled to an in-country right of appeal.

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.

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