Pathan, R (on the application of) v Secretary of State for Home Department [2020] UKSC41


Underpinning the duty to act fairly in this context is the notion that a person such as Pathan should be afforded as many opportunities as reasonably possible to accommodate and deal with a decision which potentially has devastating consequences. One only has to envisage how Mr Pathan must have reacted to the news that his Tier 2 application had been rejected because of the revocation of Submania’s licence, to understand the fundamental justice in giving him the chance to do something about it. He had every reason to believe that his application would succeed. The reason that it did not have anything whatever to do with him. But, failure in the application represented a calamitous upheaval for him and his family. To ensure in those circumstances that he had timely notice that, for a wholly unanticipated reason his application was bound to fail so that he could seek to avoid its consequences seems to us to be a self-evident aspect of the to act fairly.

Adam Pipe (No 8 Chamers)

Adam Pipe (Barrister at No 8 Chambers) has given permission to use recent case updates on our website.

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