Upper Tribunal’s judgment on delay in decisions on Tier 1 applications

Upper Tribunal’s judgment on delay in decisions on Tier 1 applications


CategoryNews Author Zane Malik Date

The Upper Tribunal publishes it judgment in R (X) v Secretary of State for the Home Department.

The applicant, Mr X, applied for leave to remain in April 2017 as a Tier 1 Migrant. The Secretary of State for the Home Department suspended consideration of that application. The applicant challenged the delay on part of the Secretary of State for the Home Department in considering his application and making a decision on it.

The Upper Tribunal, dismissing the applicant’s Judicial Review claim, held that:

1. The Secretary of State for the Home Department has no express power under the Immigration Act 1971 to delay making a decision on the applications for leave to remain.

2. The Secretary of State for the Home Department has an implied power under the Immigration Act 1971 to delay making a decision on the applications for leave to remain.

3. The delay in this case was not irrational.

4. There was no breach of GDPR, CFR or Articles 6 or 8 of the ECHR.

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

The Upper Tribunal’s judgment is available here.


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