Julian Norman is instructed in an application for judicial review of the SSHD’s decision to cancel a Skilled Worker visa with immediate effect.
The Applicant (A) had permission to work for his named employer as well as to work for up to 20 hours per week in a second skilled job. His visa was cancelled in May 2025 on the erroneous basis that he had been working unlawfully by taking up a second job. When the application for permission for judicial review was submitted in August, the SSHD re-made the decision, this time asserting that while he did have permission to work, the additional employment was not in the correct skillset. A sought to amend his grounds and gained permission to do so in order to challenge the second decision as well as the first. The SSHD then re-made the decision for a third time and argued that the claim was now academic. A submitted further amended grounds to challenge the third decision.
The Upper Tribunal granted permission on the papers on the basis that it is arguable that the process had been procedurally unfair. The case raises interesting issues as to when it is fair for a decision maker to supplement or amend their reasons in the face of challenge, as well as when it will be reasonable to cancel a skilled worker visa with immediate effect.
Julian is instructed by Alexei Zuyev and Kamilla Kelemen at DMH Stallard Solicitors.
Related barristers: Julian Norman
Related practice areas: Immigration, Immigration and Public Law
