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Что и подтвердил суд:
R (on the application of Kuruwitage) v Secretary of State for the Home Department IJR [2015] UKUT 0402 (IAC)
This is a judicial review which was heard and promulgated before the Court of Appeal judgment in Mehmood & Anor, R (On the Applications of) v Secretary of State for the Home Department [2015] EWCA Civ 744 (14 July 2015) but has only been published after that judgment which gives more authoritative guidance.
The claimant had leave as a Tier 4 student with a condition prohibiting employment. He was arrested and admitted under caution to undertaking unpaid voluntary work for 20 hours per week in breach of that condition. The Court held that the Home Office did not act ultra vires in seeking to remove the claimant under section 10(1)(a) Immigration and Asylum Act 1999 for breaching a condition attached to his limited leave rather than consider curtailing that leave giving rise to an in-country right of appeal. An out-of-country remedy was found to be sufficient in this case and the judicial review was dismissed.
Что и подтвердил суд:
R (on the application of Kuruwitage) v Secretary of State for the Home Department IJR [2015] UKUT 0402 (IAC)
This is a judicial review which was heard and promulgated before the Court of Appeal judgment in Mehmood & Anor, R (On the Applications of) v Secretary of State for the Home Department [2015] EWCA Civ 744 (14 July 2015) but has only been published after that judgment which gives more authoritative guidance.
The claimant had leave as a Tier 4 student with a condition prohibiting employment. He was arrested and admitted under caution to undertaking unpaid voluntary work for 20 hours per week in breach of that condition. The Court held that the Home Office did not act ultra vires in seeking to remove the claimant under section 10(1)(a) Immigration and Asylum Act 1999 for breaching a condition attached to his limited leave rather than consider curtailing that leave giving rise to an in-country right of appeal. An out-of-country remedy was found to be sufficient in this case and the judicial review was dismissed.
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