Court of Appeal grants permission to proceed in Judicial Review claim where the SSHD decided to cancel a student and her partner’s permission with immediate effect and detain them for over two months

Permission to proceed with JR claim granted by CofA in another case where the SSHD decided to cancel permission with immediate effect and detain immediately where a student’s sponsorship had been withdrawn.

In this case, the partner’s leave was also cancelled with immediate effect on the same day, and he was also detained. Each spent over two months in detention. This was a kafkaesque turn of events for couple that had hitherto been in the UK lawfully and had not breached their conditions of leave. It is hard to believe that this is now the way we treat non-resident people in the UK. We would rightly be up in arms if British citizens received this type of treatment overseas.

Arnold LJ found it arguable that the use of an RED0001 Notice to cancel permission was unlawful in this case; that policy guidance was not followed in cancelling permission with immediate effect; and that detention was unlawful.

Mr Jafferji represented the successful Appellant and was instructed by Zubair Awan of My Legal Solicitors who is doing excellent work in a number of similar cases.