[2025] UKUT 00276 (IAC)

The Respondent makes two arguments: (1) that there is no evidence that the BRP was issued in error; and (2) in any event, the issuing of the BRP in itself was either a grant of leave or evidence of the valid grant of leave to remain.

The essential background to the analysis is Regulation 13 of the Biometric Regulations, which governs the issuing of a BRP. In the provision, the critical word is “provided”, which clearly entails that the power to validly issue a BRP requires that a pre-existing condition be satisfied. That condition is that the Secretary of State has “decided to grant limited leave to remain to the person”.

We deal in turn with each of the two arguments.