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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Javed, R (on the application of) v Secretary of State for the Home Department  EWHC 4426 (Admin) (09 December 2014)
Cite as:  EWHC 4426 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
(Sitting as a Deputy High Court Judge)
|THE QUEEN ON THE APPLICATION OF HAFIZ MUHAMMAD ZUBAIR JAVED||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Miss C Patry (instructed by Treasury Solicitor) appeared on behalf of the Defendant
J U D G M E N T
Crown Copyright ©
i. "The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise [allowed by or under] this Act, those powers shall be exercised by notice in writing given to the person affected ..."
i. "In the absence of an order made by statutory instrument under section 4(1) of the Immigration Act 1971 dealing with the giving of notice of variation of leave where there is no right of appeal, the Secretary of State has to be able to prove that notice of a decision varying leave to remain under section 3(3)(a) of the Immigration Act 1971 where there is no right of appeal was communicated to the person concerned for it to be effective. Where there is no 'immigration decision' the Immigration (Notices) Regulations 2003 do not apply. Communication would be effective if made to a person authorised to receive it on that person's behalf, see Hosier v Goodall  1 All E.R. 30, but the Secretary of State cannot rely upon deemed postal service."
i. "The guidance does not impose on the Secretary of State any obligation to serve the claimant in person. She complied with it in serving the letter on the correspondence address given in the last application on file."
i. Yes Miss Jones?