- BY cjmckinney
Curtailment letters can be sent to an overseas address
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The Upper Tribunal, in a case concerning service of a curtailment letter to an address in Bangladesh, has held that:
(i) Where the Secretary of State relies on a curtailment notice as having been deemed to have been given by being placed “on file’ in accordance with article 8ZA(4) of the Immigration (Leave to Enter and Remain) Order 2000 (as amended) (“the 2000 Order”), it is for the Secretary of State to establish that that article applied.
(ii) The Immigration (Leave to Enter and Remain) Order 2000 allows for the sending of a curtailment notice to an overseas address.
In this case the Home Office held the claimant’s address in Bangladesh but decided not to serve a notice of curtailment decision to that address and instead “served to file”. This meant the claimant never received any notice.
Ultimately the appeal was allowed because a later application had only been refused on the ground that the claimant was an overstayer. The earlier failure by the Home Office to achieve effective and lawful service meant that the curtailment never had effect, leave had therefore continued and the claimant was not therefore an overstayer.
Source: Uddin (2000 Order – notice to file : Bangladesh) [2017] UKUT 408 (IAC)
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