18 November 2018

Client had his leave cancelled based on an allegation that he breached the conditions of his visa as a work permit holder by taking up supplementary employment as a security officer at the Olympics.
He was detained and an order was obtained for his release but the High Court found that he had an alternative remedy by way of an appeal from overseas and refused his Judicial Review Challenge. Successfully secured permission to appeal from the Court of Appeal and eventually the SSHD conceded the in-country right of appeal point. The Tribunal then proceeded to allow the appeal on the basis that there was no 'condition' prohibiting him from taking up the supplementary employment and therefore the original decision to cancel his leave was unlawful. The SSHD then sought to grant the client and his family leave for 30 months each. We made successful representations arguing that the family should be put back in the position they would have been in but for the unlawful decision in 2012. The SSHD accepted and granted the client and his family ILR. The family are now pursuing a claim for unlawful detention and compensation for loss of earnings.