[2024] UKUT 00281 (IAC)

On the one hand, I accept the Respondent’s submission that any duty of procedural fairness applies to the points-based system but the manner of its application will be fact and context specific (see §50(i) of R(Taj)). On the other hand, the fact of the interview in this case did not mitigate the public law errors. The Respondent’s attempt to blame the Applicant for its own transcription error in writing down the correct website address is an obvious example. Had the Applicant known of the concern, he could have reminded the Respondent of the correct address, rather than having to somehow know that it had been written down incorrectly, and then address any questions on functionality. Quite what the Respondent meant by the website lacking “functionality” remains opaque, without crossing into the forbidden territory of a merits-based appeal. The applicant has never been able to address any concerns about the website, or even to understand what these concerns are. The process was therefore procedurally unfair, on public law grounds.

On the challenge of perversity, I do not go so far as to conclude that it was impermissible for the Respondent to be concerned about the similarity of corporate names between client and reseller. I do, however, conclude that the Respondent was perverse in taking to account its own misrecording of the Applicant’s business’ website address, on the basis that had the Applicant’s business application been genuine, he would have corrected that error at interview. The Respondent knew the correct website address, because it was in the application before it. The decision maker did not check, and then sought to blame the Applicant for that error in their decision, even on administrative review.

On ground (3), the challenge succeeds on procedural unfairness and partially on grounds of perversity.