CA-2024-000740 - [2025] EWCA Civ 1375

The immigration officer decided on 17 November 2023 to cancel the claimant’s leave with immediate effect. The reasons were set out. So far as material the decision said this:

“Reasons for cancellation

A decision has been made to cancel your permission to stay in the UK so that it expires with immediate effect. The reasons for this are:

You were granted entry clearance as a student valid between 13/09/2022 until 19/09/2024.

You are specifically considered a person who has failed to observe a condition of leave to enter or remain. On 07/11/2023 evidence was gathered to enable the Home Office to conclude, on the balance of probabilities, that you have been undertaking employment are in breach of your visa’s conditions at LUCKY’s…...

Immigration Rules state that a person’s leave to enter or remain may be cancelled on the grounds of failure to comply with any conditions attached to the grant of leave to enter or remain.

It is not considered that the circumstances in your case are such that discretion should be exercised in your favour. The secretary of State therefore cancels your leave to enter the United Kingdom under Part 9, Paragraph 9.8.8 of the Immigration Rules to expire with immediate effect. Next steps

You must now do one of the following:

•

Tell us any reasons you think you should be allowed to stay in the UK

•

Seek help and advice on returning home

•

Leave the UK

The form RED.0003 given to the claimant with the decision stated that the claimant could provide additional grounds as to why he thought he should be allowed to stay in the United Kingdom and not be removed.