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New case on effective service under 2013 amendments

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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)

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Colin Yeo

Colin Yeo

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

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