At NARA Solicitors, we are committed to advocating for our clients’ rights and ensuring that procedural fairness is upheld in every case. This success story highlights our relentless pursuit of justice in a challenging situation involving the rejection of a Certificate of Sponsorship (CoS) request.
Our client sought to expand their workforce by applying for two additional Certificates of Sponsorship under the Skilled Worker category. Unfortunately, the Home Office rejected the application, citing insufficient information regarding the vacancies, candidates, salaries, and occupational classification (SOC) codes.
Moreover, they claimed that the justification provided appeared generic and similar to submissions made by other sponsors, leading them to conclude that there was no genuine vacancy. Consequently, the request was denied under S2.16.
Recognising the severity of the situation and the potential impact on our client’s business, we swiftly took action. We submitted a Pre-Action Protocol letter to the Home Office, meticulously detailing how their decision was arbitrary, unlawful, and lacked procedural fairness. We challenged the grounds used by the Entry Clearance Officer (ECO), arguing that the rejection was unjustified and that our client had provided adequate information to support the request.
As a result of our comprehensive and well-structured submission, the Secretary of State for the Home Department (SSHD) revisited the case.
Upon review, they acknowledged that the initial decision made on 04 August 2024 was erroneous. Although the procedural constraints meant that the previous CoS application could not be reopened, the Home Office admitted that their decision to reject the application was made in error.
While the original application could not be reconsidered, this outcome is a significant victory for our client. It reaffirms the importance of procedural fairness and the necessity of challenging unjust decisions. The Home Office’s admission of error demonstrates the effectiveness of legal challenges when faced with arbitrary refusals.
Our success in this case not only rectified the immediate issue but also set a precedent for future applications, ensuring that such oversights are not repeated.
Also read: Sponsor Licence Reinstated for Home Care Service Provider
At NARA Solicitors, we are proud of our unwavering dedication to our clients. This case underscores our expertise in handling complex immigration matters and our commitment to achieving positive outcomes, even in the face of adversity.
If you are facing similar challenges, we are here to provide the legal support you need to navigate the complexities of the UK immigration system. Contact us Now
