New Judgment: R (Mirza) v Secretary of State for the Home Department, R (Iqbal) v Secretary of State for the Home Department and R (Ehsan) v Secretary of State for the Home Department  UKSC 63
14 Wednesday Dec 2016
On appeal from  EWCA Civ 838
These appeals considered whether Immigration Act 1971, s 3C automatically extends a person’s leave to remain pending the determination of an application to extend leave to remain, notwithstanding that the original application is invalid. The Supreme Court unanimously dismissed the appeals, holding that their approach must be based on the legislation as it stands, since there has been no challenge to the legality or rationality of the rules and regulations, using ordinary principles of statutory interpretation. The Court held there to be no ambiguity in the words of regulation 37 of the 2011 Regulations: if an application is not accompanied by the specified fee it “is not validly made” and therefore can have no substantive effect.
It followed the Court of Appeal in rejecting the second appellant’s ground of appeal based on alleged unfairness as the Secretary of State had not failed to publicise the change of fees.
To watch the hearing, please visit: Supreme Court Website