England and Wales Court of Appeal (Civil Division) Decisions

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION
SUPPERSTONE J.
CO/14982/2009, [2011] EWHC 441 (Admin)

		Royal Courts of Justice Strand, London, WC2A 2LL
		04/08/2011

Lord Justice Hooper :

1. At the oral hearing for the renewed application for permission to appeal I rejected all of the grounds other than one which related to an alleged failure on the part of the Respondent to exercise its discretionary powers properly in a case where continuous residence has been broken. I invited further written argument on that point. I shall assume that there was a gap, in the period of five years, of (and only of) five months and one week, being the period between the revocation of the appellant's work permit and the grant of a work permit on 5 March 2008.
2. The relevant guidance is, I shall assume, set out in paragraph 12 of the further submissions. The discretion may be exercised in a case where the authorised employment has not been broken by any interruptions of more than three months or amounting to six months in all. I drew to counsel's attention during the course of oral argument the underlined words. It is not arguable that the condition imposed by the underlined words has been met. The interruption was for a greater period than three months.
3. For these reasons I dismiss the remaining ground and permission to appeal is refused.