The High Court has dismissed a challenge to the choice to cancel two people’ permission to stay within the UK as a result of they exceeded the variety of hours they have been permitted to work. Shah & Anor v Secretary of State for the Home Department [2022] EWHC 3033 (Admin) is a helpful reminder of the significance of abiding by the precise visa conditions in a grant of depart.
Mr Shah and Mr Anwar have been each within the UK on scholar visas which permitted them to work up to 20 hours per week in time period time. Following a raid on their workplace by immigration officers on 27 September 2021, they have been every interviewed concerning their employment and proper to work. Both admitted to working considerably greater than 20 hours per week throughout time period time and have been arrested on the conclusion of the interview on suspicion of breaching the conditions of their depart. Their depart was additionally cancelled (or “curtailed”, because it used to be referred to as).
They challenged the choice to cancel their depart on a number of grounds, together with that their solutions within the interview had been misinterpreted, that the interviewing officer was impolite throughout questioning, and that the officers failed to contact their employers to confirm the knowledge supplied. The courtroom dismissed every argument, discovering that they each made clear statements concerning what number of hours they labored within the interview and failed to current any persuasive proof to the opposite:
“Making all allowances for the language…
