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New case on effective service under 2013 amendments

New case on effective service under 2013 amendments

Official headnote:

1. For the purposes of Art 8ZA(2) of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161)(as inserted by SI 2013/174 with effect from 12 July 2013), a notice is not sent to a postal address “provided for correspondence by the person” if the address is provided to the Secretary of State by a third party such as a sponsor educational institution unless the third party is the authorised agent of the person.

2. However, where no postal address (or e-mail address) for correspondence has been provided, an address provided by a third party may be the “last-known or usual place of abode” of the person within Art 8ZA(3)(a) to which a notice may be sent.

Source: Khurram, R (on the application of) v Secretary of State for the Home Department (effective service; 2000 Order) (IJR) [2016] UKUT 281 (IAC) (18 April 2016)

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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