ON APPEAL FROM THE ADMINISTRATIVE COURT
(QUEEN'S BENCH DIVISION)
(HIS HONOUR JUDGE THORNTON QC)
Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN ON THE APPLICATION OF NB
|- and -
SECRETARY OF STATE
FOR THE HOME DEPARTMENT
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
Crown Copyright ©
Lord Justice Longmore:
"You applied for an extension of stay in the United Kingdom as a Fresh Talent: Working in Scotland scheme participant, but your application had been refused.
The Secretary of State is not satisfied that you intend to seek and take work in Scotland, during any period of leave granted as a Fresh Talent Working in Scotland scheme participant.
In addition, the Secretary of State is not satisfied you continue to meet the requirements of the Rules under which your leave to remain was granted.
Therefore, the decision has also been made to curtail your leave so that it expires on the date shown at the end of this notice."
"The decision maker must give written notice to a person of any immigration decision."
Regulation 5 sets out the contents of the notice; regulation 6 says to what it applies and regulation 7 talks about service of notice and provides that a notice required to be given under regulation 4, may be (a) given by hand, (b) sent by fax, (c) sent by postal service and then provides in regulation 7(2):
(a) a person's whereabouts are not known; and
(b) (i) no address has been provided for correspondence and the decision-maker does not know the last-known or usual place of abode or place of business of the person; or
(ii) the address provided to the decision-maker is defective, false or no longer in use by the person; and
(c) no representative appears to be acting for the person, the notice shall be deemed to have been given when the decision-maker enters a record of the above circumstances and places the signed notice on the relevant file."
Order: Application refused.