Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017]

Administrative process – Sponsor licences – both the lack of retained evidence of proof of a resident labour market test and the failure to assign a CoS within 6 months of the vacancy being advertised were sufficient grounds for revocation of a Tier 2 Sponsor licence on discretionary grounds – assigning a CoS after six months could justify revocation, as the Resident Labour Market scheme can only sensibly work if the attendant assignments of CoSs take place within the six month period required – an unclear date on a screenshot might justify revocation of a licence – Annex 3 or Annex 4 sponsorship downgrading powers cannot undermine or fetter Annex 5 mandatory revocation grounds – where it is highly likely that the decision to revoke would have been the same if the Home Office had simply referred to the revocation being a matter of her proper discretion, applying Section 31(2A) of the Supreme Court Act 1981 it would not be appropriate to grant review (Anthony Elleray QC sitting as a Deputy High Court judge)

Citation: Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 3204 (Admin)

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