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judicial review of Tier 2 licence suspension dismissed

29 May 2015

In R, on the application of Raj & Knoll Ltd v Secretary of State for the Home Department, the Administrative Court ruled that the claimant’s application for a judicial review into the revocation of their Tier 2 sponsor licence should be dismissed.

The claimant, who runs a number of care homes, employed 39 Tier 2 migrants as workers. The claimant’s licence was revoked following failure to comply with record keeping duties, the resident labour market test and to report a change of address. The claimant sought to challenge the suspension on the basis that the relevant guidance did not apply in this case and that the suspension was irrational.

The court held that the Secretary of State was entitled to revoke the licence because of the failure to provide adequate explanations and evidence within the timescales and that the claimant’s attitude to the guidance was “sloppy”. The decision highlights the importance of reading decision letters in their proper context and complying with relevant guidance.

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