Hashmi, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 728 (3 May, 2002)

Hashmi, R (on the application of) v Secretary Of State For Home Department [2002] EWCA Civ 728 (3 May, 2002)

The letter of 11th July 2000 constituted a clear and immediate grant of ILR to the appellant and her dependants, communicated through their representatives, and satisfied the statutory requirement for notice in writing. The subsequent change in circumstances did not entitle the Secretary of State to withdraw the grant.

Citation
[2002] EWCA Civ 728
Parties
Claimant/appellant: Consuelo Hashmi; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Indefinite Leave to Remain, Notice in Writing, Judicial Review, Immigration Rules, Withdrawal of Leave
Immigration Law Administrative Law Indefinite Leave to Remain Notice in Writing Judicial Review Immigration Rules Withdrawal of Leave

Case Brief

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Parties

Consuelo Hashmi

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the letter of 11th July 2000 constituted a decision granting indefinite leave to remain (ILR) to the appellant and her dependants
  2. 2 Whether the letter satisfied the statutory requirement for notice in writing under section 4(1) of the Immigration Act 1971
  3. 3 Whether the Secretary of State could subsequently withdraw ILR due to a change in circumstances

Ratio Decidendi

The letter of 11th July 2000 constituted a clear and immediate grant of ILR to the appellant and her dependants, communicated through their representatives, and satisfied the statutory requirement for notice in writing. The subsequent change in circumstances did not entitle the Secretary of State to withdraw the grant.

Court Disposition

Appeal allowed

Orders

  • Order requiring endorsement of passports with ILR
  • Order quashing the decision of 31st July 2001