The application for administrative review
The application for administrative review
The Applicant applied for administrative review (page [96]/CB onwards). The Applicant argued that first, the Respondent had referred to the wrong website address, when the Applicant had given the correct website address in writing in his solicitor’s letter dated 23rd November 2022, which had enclosed the visa application. The Respondent had made an error, not the Applicant.
Second, the reason for the similarity between the corporate names of the Applicant’s business and that of his client in the UAE was that his client, Level Three Trading FZE, was successful and had encouraged him to act as its UK reseller. While they had similar names and had a commercial relationship, this was an arms-length relationship in which the two remained separate legal entities, with separate owners. They were not legally or financially connected in any way other than in a relationship of client and reseller. The Respondent’s decision to refuse the Applicant’s application because of a similarity in company names was therefore arbitrary.
Third, the reason that Level Three’s only income was from Level Three Trading FZE was that Level Three was a new business, having only been established in February 2021, with one client, albeit the Applicant expected that relationship to expand and he expected to gain new clients.
- Heading
- Where a rule permits, but does not require, consideration of certain matters, as in R (Khatun) and others v London Borough of Newham [2004] EWCA Civ 55 , a useful related assessment is that proposed b
- Judge Keith
- Background
- The decision under challenge
- The application for administrative review
- The administrative review challenge
- The Applicant’s grounds of challenge and the Response
- Ground 1
- The Respondent’s case
- Ground 2
- The Respondent’s case
- Ground 3
- The Respondent’s case
- Materiality of any public law error
- The Respondent’s case
- The Law
- Relevant statutory provisions
- Conclusions - Grounds (1) and (2)
- Conclusions - Ground (3)
- Conclusions - materiality
- Conclusions
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