Judicial Review Success – Leave to remain reinstated

We’re pleased to share a successful outcome in a complex Judicial Review challenge against a cancellation of leave under Part 9 of the Immigration Rules.

Our client, a Care Worker on the Skilled Worker route, residing in the UK with her partner and three biological children.

In 2024, her partner applied for dependent visas for his two children from a previous marriage (the stepchildren). These applications were refused by the SSHD)on the basis that false birth certificates had been submitted.

The SSHD then cancelled the leave to remain of the Care Worker, her partner, and her three biological children, relying on paragraph 9.7.3 of the Immigration Rules, which provides for cancellation where false representations or documents are submitted in connection with an immigration application.The SSHD also placed the entire family on immigration bail.

We filed a Pre-Action Protocol challenging the cancellation on several grounds. Amongst other grounds, we submitted that the scope of paragraph 9.7.3 is confined to the applicants themselves and cannot be extended to the mother and others.

After the PAP was rejected, Judicial Review proceedings were issued in the Upper Tribunal.

The SSHD agreed to reconsider the cancellation decision within three months, and served a draft consent order. However, the initial draft did not reinstate the family’s leave conditions, leaving them in legal limbo during the reconsideration.

We challenged this and requested that the applicants’ previous leave be reinstated in full during the reconsideration period.

The SSHD has now issued an amended draft consent order confirming:

✅ Reconsideration of the cancellation decision within three months
✅ Full reinstatement of the family’s previous leave conditions in the interim