Case

R (Kamrul Hasan) v Secretary of State for the Home Department; R (Reza Rahman) v Secretary of State for the Home Department

08.09.2015

Practice Areas

Public Law

Instructed on behalf of the Secretary of State in judicial review claims challenging the Secretary of State’s classification of “print and send” immigration applications as applications made “by post” and not via the “relevant online application process” for the purposes of the Immigration Rules.

The classification resulted in the finding that both Claimants had overstayed for a period of more than 28 days by the time they “made” their applications, their applications therefore falling for refusal.

The Claimants’ claims were dismissed, the Upper Tribunal:

  1. Rejecting the argument that the “print and send” application form did not meet the conditions for a specified form under paragraph 34 of the Immigration Rules and therefore must have been an application made online. The “print and send” did meet the conditions of paragraph 34.
  2. Adopting the reasoning and conclusions of the President of the Upper Tribunal in R (on the application of Wasif) v Secretary of State for the Home Department (rule 34 – “print and send”) IRJ [2015] UKUT 0207 (IAC), there being no merit in the argument that the “print and send” instruction generated confusion.