Neutral Citation Number: [2011] EWCA Civ 955
Case No: C4/2011/0573
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

Date: 04/08/2011
Before :

LORD JUSTICE HOOPER

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Between :

	THE QUEEN ON THE APPLICATION OF
AHSAN JAMIL PASHA	Appellant	
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	SECRETARY OF STATE FOR THE HOME DEPARTMENT	
Respondent	

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PROFESSOR W.M. REES (instructed by Deccan Prime Solicitors) for the Appellant.

Hearing date: 28th July 2011
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Judgment

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.