Secretary of State for the Home Department v Ahmadi

Secretary of State for the Home Department v Ahmadi

A removal decision under section 47 of the Immigration, Asylum and Nationality Act 2006 cannot be made contemporaneously with a variation decision; notice of the variation decision must be given before a removal decision can be made, as prescribed by section 3C(6) of the Immigration Act 1971 and the 2006 Regulations.

Parties
Appellant/respondent: Secretary of State for the Home Department; Appellant/respondent: Javad Ahmadi
Jurisdiction
England and Wales
Judgment Date
09 May 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Secretary of State's appeal dismissed; Mr. Ahmadi's appeal allowed in part.
Legal Topics
Removal Decisions, Variation of Leave, Statutory Interpretation, Appeals Procedure
Immigration Law Administrative Law Removal Decisions Variation of Leave Statutory Interpretation Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Secretary of State for the Home Department

Appellant/respondent

Javad Ahmadi

Appellant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a removal decision under section 47 of the Immigration, Asylum and Nationality Act 2006 can be made contemporaneously with a variation decision
  2. 2 Whether the Upper Tribunal erred in its interpretation of section 47 and related regulations
  3. 3 Whether the Secretary of State's practice of issuing combined notices is lawful

Ratio Decidendi

A removal decision under section 47 of the Immigration, Asylum and Nationality Act 2006 cannot be made contemporaneously with a variation decision; notice of the variation decision must be given before a removal decision can be made, as prescribed by section 3C(6) of the Immigration Act 1971 and the 2006 Regulations.

Court Disposition

Secretary of State's appeal dismissed; Mr. Ahmadi's appeal allowed in part.

Orders

  • Mr. Ahmadi's appeal against the variation decision dismissed.
  • Mr. Ahmadi's appeal against the removal decision allowed.