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England and Wales decisions
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Court of Appeal dismissed two sponsor-licence revocation appeals, upholding J’s Supermarket’s revocation and largely sustaining Prestige’s on alternative grounds.
The Secretary of State’s decision to revoke the Claimant’s sponsor licence was rational, adequately reasoned, and procedurally fair. The Claimant was given clear notice of the allegations, an opportunity to respond, and the Secretary of State considered those responses. The discrepancies between the job descriptions and actual duties justified the conclusion that the vacancies were not genuine. Other alleged breaches and failures, even if individually minor, cumulatively supported revocation. No material procedural unfairness or error of law was established, and even if there were minor flaws…
Source excerpt
The Court of Appeal held that the Home Secretary’s refusal on genuineness grounds was irrational, because the reasons relied on did not justify finding no genuine vacancy.
Suny, R (on the application of) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019)
The Court of Appeal held that the Secretary of State’s refusal of a Tier 2 application on “genuine vacancy” grounds was irrational and should be quashed.
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