Rafiq v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1998 |
| Date | 13 January 1998 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Hirst, Lord Justice Robert Walker and Mr Justice Harman
Immigration - notice of leave to remain - not 'given' until communicated to immigrant
A notice of the grant of indefinite leave to remain in the United Kingdom was not "given" until it had been communicated to the immigrant concerned. Notice was not given where the Home Office stamped the applicant's passport with a notice of leave to remain but cancelled the stamp before handing back the passport.
The Court of Appeal so held dismissing the appeal of Robina Rafiq from a decision of the Immigration Appeal Tribunal on June 6, 1997 to allow an appeal by the Secretary of State for the Home Department from the determination of a special adjudicator.
Section 4(1) of the Immigration Act 1971 provides: "(1) The power under this Act to…give leave to remain in the United Kingdom, or to vary any leave…shall be exercised by the secretary of state; and, unless otherwise allowed by this Act, those powers shall be exercised by notice in writing given to the person affected."
Mr Ian Macdonald, QC and Mr Satinder Gill for the applicant; Mr Pushpinder Saini for the secretary of state.
LORD JUSTICE HIRST said Mrs Rafiq had applied for indefinite leave to remain as the spouse of British citizen and had submitted her passport with the application. The passport was endorsed in May 1993 with a stamp signifying the grant of indefinite leave to remain, but it was retained by the secretary of state and not returned to the applicant.
She had subsequently separated from her husband. The passport was returned in April 1994 with the indefinite leave stamp deleted as "endorsed in error".
It was common ground that the stamp had been intentionally affixed on the footing that the marriage was subsisting and was cancelled when that was no longer the case. Attempts at reconciliation with her husband failed and in January 1996...
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Ahmadi v Secretary of State for the Home Department
...decision was to be found in section 4(1) of the 1971 Act. In support of that submission he relied on two authorities: Rafiq v Secretary of State for the Home Department [1998] Imm IR 193, and R (Hashmi) v Secretary of State for the Home Department [2002] INLR 377, [2002] EWCA Civ 728. In R......
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Syed (Curtailment of Leave - Notice) [Upper Tribunal]
...where appropriate) or the decision may be made known in writing in some other appropriate way.” 24 Furthermore in Robina Rafiq v Secretary of State for the Home Department [1998] Imm AR 193 the Court of Appeal held that the endorsement of a passport with a stamp signifying the grant of inde......
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Upper Tribunal (Immigration and asylum chamber), 2013-03-04, [2013] UKUT 144 (IAC) (Syed (curtailment of leave – notice))
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R Consuelo Hashmi v Secretary of State for the Home Department
...had been taken by the immigration officer even if he had already decided how to make his decision.” 31See further Rafiq v Secretary of State for the Home Department [1998] Imm AR 193 at 199, Hirst 32The letter of 11 July 2000 was addressed to Miss Jowell. The defendant says that it did not......