Leave illegally cancelled by Home Office reinstated and unlawful detention claim to be pursued
Client's leave as a work permit holder was cancelled after it was alleged he had breached the conditions of his visa by taking on supplementary employment. He challenged the decision cancelling his leave and the lawfulness of his detention by way of Judicial Review (JR) in the High Court. His JR challenge was refused on the basis that he had an alternative remedy by returning to Pakistan and pursuing an appeal from there. The decision was then challenged in the Court of Appeal who granted permission to appeal. Eventually after lengthy delays in hearing of the case the Home Office finally relented and conceded that he should be entitled to pursue an appeal from within the UK. The First Tier Tribunal then found that there was no 'condition' attached to his visa prohibiting him from taking up supplementary employment. Following the allowed appeal the Home Office sought to give the client leave for 30 months only. We successfully argued that he should be put back in the position he would have been in but for the unlawful decision and he and his family members were granted ILR.
The Court of Appeal proceedings remained extant in the meantime and the Home Office applied for dismissal of those proceedings regarding the unlawful detention claim and damages. We successfully argued that the unlawful detention and damages claims should be allowed to proceed and the Home Office finally conceded that those matters should be remitted to the High Court for determination.