Visa Permission Renewal

Under S.4(7) of the Immigration Act 2004 an Immigration Officer or the Minister can renew visa permission.

Visa Permission Renewal

Under S.4(7) of the Immigration Act 2004 an Immigration Officer or the Minister can renew visa permission.

S. 4 (7) states the following :

A permission under this section may be renewed or varied by the Minister, or by an immigration officer on his or her behalf, on application therefor by the non-national concerned.

Under S.4(7) of the Immigration Act 2004 an Immigration Officer or the Minister can renew visa permission.

On application, the Minister can refuse to vary the immigration permission, on request, for matters of public policy considerations or the common good, for example.

Visa Renewal Refusal

If this arises judicial review proceedings may be appropriate to seek an order from the court namely an order of certiorari quashing the Minister’s decision.

The constitution has enshrined the principles of fair procedures with natural and constitutional justice principles.

The person who was refused the application to vary the immigration permission, should at the least know – why – they were refused in clear terms.

In case B. V A.B.P. 2020 it was stated:

It is a basic element of any decision-making affecting the public that relevant submissions should be addressed and an explanation given why they are not accepted, if indeed that is the case. This is fundamental, not just to the law, but also to the trust which members of the public are require to have in decision-making institutions if the individuals concerned, and the public more generally, are to be expected to accept decisions with which, in some cases, they may profoundly disagree, and with whose consequences they may have to live.”

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

Visa Permission Renewal

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