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Border Agency reviews refusal of licence following court challenge

04 September 2012 #Employment


Clarkslegal has acted in helping to overturn a decision by the UK Border Agency (UKBA) to refuse a Tier 2 licence under the Points Based System (PBS) to an educational establishment.

The prospective sponsor liaised with the UKBA over several months to establish whether it could be granted a Tier 2 licence. Senior personnel at the UKBA unambiguously confirmed that it could not but failed to give any reasons as to why the sponsor was not eligible for the licence. The UKBA did not refer to any provisions in the Immigration Rules or its own guidance notes to explain why the organisation was not eligible.

However, shortly after commencing judicial review proceedings, the UKBA sought to rely on a clerical error. The UKBA confirmed that the application would not be treated as refused but as pending and that the application would be considered fully against the legal requirements for a Tier 2 licence.

There was no public interest issue in preventing the organisation from obtaining a Tier 2 licence. In fact, the application was not a novel concept either as numerous other similar organisations had been granted the licence. Nevertheless, the UKBA held firm until it was required to justify its decision in law. What this demonstrates is that, at times, UKBA decisions can be arbitrary and unjustified. However, the due process of law can remedy such defects. 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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