R Mehmood v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Steven Kovats |
| Judgment Date | 15 April 2014 |
| Neutral Citation | [2014] EWHC 1608 (Admin) |
| Date | 15 April 2014 |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/17673/2013 |
[2014] EWHC 1608 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Steven Kovats QC
(Sitting as a Deputy High Court Judge)
CO/17673/2013
Mr R Sharma (instructed by Farani, Javid, Taylor) appeared on behalf of the Claimant
Ms S Fernandes (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
THE DEPUTY JUDGE: This is a renewed application by Mr Mehmood for permission to apply for judicial review. Mr Mehmood is a citizen of Pakistan, born on 5 March 1983. On 23 August 2011, he arrived here with leave to enter as a Tier 4 general migrant until 30 December 2013. Unfortunately for him his college sponsor's licence was revoked on 24 April 2012, and in accordance with the policy the Secretary of State therefore curtailed Mr Mehmood's leave to the 12 June 2012.
On 11 June 2012, Mr Mehmood applied for leave to remain as a student and that was granted, and he was granted leave to remain until 19 November 2013. On 31 October 2013, Mr Mehmood made another application for leave to remain as a student, but on 4 December 2013 he was encountered at the Premier dry cleaners. The Secretary of State says that he was working there. Mr Mehmood denies that he was working. He says he was merely being with (or perhaps helping out) his uncle who did work there.
However, on that day, 4 December 2013, the Secretary of State issued a notice that he was liable to removal and a notice under section 10 of the Immigration and Asylum Act 1999. The effect of that notice, amongst other things is as provided by sub-section (8), that the notice invalidates any leave given. He was also detained on that day.
On 17 December, a letter before claim was written. On 19 December, the Secretary of State certified the human rights representations that the claimant had made as clearly unfounded. The upshot of that is that the appellant has an out of country right of appeal against the decision to curtail his leave but no in country right of appeal, and those are the decisions he now challenges.
The claim form was issued on 23 December 2013. On 10 January 2014, the Secretary of State conceded that had she had erroneously previously stated that the outstanding application for leave to remain as a student was no longer a valid application, by reason of the section 10 notice. That was an error of law by the Secretary of State which she now accepts.
On 10 January 2014, the Secretary of State apparently refused leave to remain as a student, though the claimant says he has never formally been served with that decision. On 11 March 2014, HHJ Serota QC, sitting as a Deputy High Court Judge, refused permission to apply for judicial review. The acknowledgment of service was lodged on 3 April 2014.
Logically, the first point to address is whether I should refuse permission on the grounds of alternative remedy. Mr Sharma for the claimant essentially takes two points on this. One, he says that he wants to challenge the detention as well, and that is essentially part and parcel of the curtailment decision....
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Sheraz Mehmood and Another v Secretary of State for the Home Department
...OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE, QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Steven Kovats QC [2014] EWHC 1608 (Admin) Helen Mountfield QC [2014] EWHC 3967 (Admin) Royal Courts of Justice Strand, London, WC2A 2LL Lord Justice Sullivan Lord Justice Beats......