30 SEPTEMBER 2015 – COURT OF APPEAL DISMISSES ETS CHALLENGES

The judgment is R (On the Applications of Mehmood & Ali) v Secretary of State for the Home Department [2015] EWCA Civ 744 and is delivered by Lord Justice Beatson.

The case concerns the appeal rights arising (or not) from decisions under the old pre-Immigration Act 2014 version of section 10 of the Immigration and Asylum Act 1999 (“old section 10”). Such a decision would typically be made where a person is detected breaching the conditions of his or leave, for example by working when not permitted, or where the person is alleged to use deception when seeking leave. In short, the Court of Appeal concluded that where a person’s leave has been invalidated by a decision by the Secretary of State under the old section 10, that person can only normally appeal from outside the United Kingdom after he or she has been removed or departed voluntarily.

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