Home Office: Evidence now required for imposed conditions | Hudson McKenzie

Home Office: Evidence now required for imposed conditions.

December 19, 2017 | Immigration, Latest Thinking, News

The decision could have a wide-reaching impact, as it drastically affects the current practice of the Home Office, in which initially did not involve the producing of written evidence for imposing conditions.

The ruling arises from the Court of Appeal within the recent decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134. The outcome of the case ruled that if the Home Office does not provide evidence of a written notice for any imposed conditions, then any justification that the Home Office may have for refusing an application cannot be supported.

Therefore, this means that if a visa application has been determined as breaching a particularly imposed visa condition, then the Home Office cannot justify its decision to refuse an application, delay an applicant’s leave or remove them from the UK all together, without this required evidence.

If you would like to discuss this change at the Home Office further or have any immigration enquiries, please contact our highly specialised immigration team on 020 3318 5794 or by email on londoninfo@hudsonmckenzie.com