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Curtailment of leave not effective if someone else signs for it

Curtailment of leave not effective if someone else signs for it

Just a short one this, but perhaps important. In R (on the application of Javed) v Secretary of State for the Home Department [2014] EWHC 4426 (Admin) Neil Garnham QC sitting as a Deputy High Court Judge holds that where a notice of curtailment was sent by recorded delivery to the correct address but an unknown person who was not the intended recipient signed for receipt of the notice, the curtailment has not been effective.

Whether the judgment is relevant in future is open to question given that the Immigration (Leave to Enter or Remain) Order 2000 was amended as of 12 July 2012 to permit service by post.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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