Shabhaz, R (On the Application Of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- CHRISTOPHER BUTCHER QC
Areas of Law
- Administrative Law
- Immigration Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Mr. Shabhaz sought judicial review after the Home Secretary refused his and his family's application for indefinite leave to remain (ILR) in the UK, primarily on grounds of unemployment. The court examined the decisions made on 31 May 2012 and 25 October 2012, concluding that both were lawful as Immigration Rules were judged at the time of decision. The court found judicial review as an adequate legal remedy, ultimately dismissing Mr. Shabhaz's application.
Judgment
Christopher Butcher QC :
The Claimant (“Mr Shabhaz”) seeks judicial review of a decision of the Home Secretary said to have been made on 25 October 2012, refusing Mr Shabhaz, together with his wife and children, indefinite leave to remain (“ILR”) in the UK. Mr Shabhaz seeks a quashing order.
The Facts
Mr Shabhaz came to the UK on 1 October 2003 as Work Permit Holder. He was subsequently joined by his wife and three children. On 26 September 2007 his Work Permit was extended until 26 September 2012.
On 10 September 2008 Mr Shabhaz made an application for ILR. This was refused on 31 May 2009 on the basis that he had spent more than 3 months outside the UK. In the meantime, Mr Shabhaz’s work permit had been revoked, but was reinstated on 17 April 2009 as his employer had submitted all necessary documents in support of his application.
On 3 September 2009 Mr Shabhaz made another application for ILR for himself and for all his dependants. On 16 May 2012, in answer to a letter from UKBA, Mr Shabhaz stated that he had lost his job with the Jumaira Restaurant, London Road, Sheffield, over a year before; that he had received no redundancy pay; and that since that time he had not been able to find any other employment.
On 31 May 2012 Mr Shabhaz’s application for ILR was refused by the Secretary of State. The decision letter referred to paragraph 134 of the Immigration Rules. It stated:
“As your work permit is considered to have been revoked and you have admitted to being unemployed, your application fails to satisfy the requirements of Paragraph 134(ii), (iii) and (iv) of the immigration rules.”
The letter stated that the application of Mr Shabhaz’s wife was refused under paragraph 196F with reference to paragraph 196D of HC 395 (as amended). Further, that his three eldest children were refused under paragraph 199 with reference to paragraph 197 of HC 395 (as amended). His youngest child was born in the UK and was refused under paragraph 306 of HC 395 (as amended).
The letter further stated that Mr Shabhaz’s case had been considered under the provisions of the EHCR, with particular reference to Article 8. It was stated that, given that Mr Shabhaz currently had valid leave to remain in the UK until 26 September 2012, he was not required to leave the UK as a result of the decision, and accordingly it would not interfere with his family life.
For the same reason, because he had leave to remain until 26 September 2012, and was not required to leave t