R (Hasan) v Secretary of State for the Home Department [2019] EWCA Civ 389

R (Hasan) v Secretary of State for the Home Department [2019] EWCA Civ 389


CategoryNews Author Zane Malik Date

The Court of Appeal hand downs the judgment in R (Hasan) v Secretary of State for the Home Department [2019] EWCA Civ 389 and, in summary, held that:

  1. The words “received by the applicant” in Paragraph 34R(1) of the Immigration Rules are to be construed “as including not only actual, physical receipt, but also receipt at the applicant’s correspondence address” for the purpose of the time limits to apply for administrative review.
  2. The Secretary of State for the Home Department “has an obligation to consider the exercise of his discretion, at least when asked to do so” in an out-of-time application for administrative review under Paragraph 34R(2) of the Immigration Rules.
  3. Paragraph 245ZX(ha) of the Immigration Rules (5-years cap rule for international students), as it was at the relevant time, concerns “the total period during which two conditions are satisfied”, namely, “the applicant is in the UK as a Tier 4 (General) Migrant (or Student)” and “he should be studying (in the sense of within the duration of) the course at degree level identified on his CAS”.

The Court of Appeal, in the end, dismissed the Appellant’s appeal.

Zane Malik appeared for the Respondent, the Secretary of State for the Home Department.

To view The Court of Appeal’s full judgment, please click here.


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