Summary
A sponsor licence may be revoked immediately under published guidance, but that power remains subject to common-law procedural fairness. Where revocation will significantly affect the sponsor, the sponsor ordinarily must receive a fair opportunity to address the suspected breaches and any relevant mitigation.
The exception for cases in which representations would be pointless is narrow. It concerns circumstances such as urgency or practical impossibility, not the decision-maker’s unilateral assessment that the evidence is strong.
An allegation that a sponsor assigned a certificate of sponsorship to a close relative, failed to disclose that relationship, and thereby created a sham vacancy may amount to reprehensible, bad-faith or disreputable conduct. A conclusion that a vacancy is not genuine must address deliberate conduct or dishonesty and provide adequate reasons.
Factual background
The claimant operated a petrol station and convenience store under a skilled-worker sponsor licence. The Secretary of State revoked the licence immediately after the claimant’s director assigned a Certificate of Sponsorship to his brother-in-law and failed to disclose the relationship.
The claimant sought judicial review, pursuing arguments that the decision was procedurally unfair because no opportunity to make representations had been given, and that the Secretary of State had unlawfully concluded that the vacancy was not genuine. The Secretary of State relied on mandatory revocation grounds concerning sponsorship of a close relative and non-genuine vacancies, and argued that any errors were immaterial under common-law principles and section 31(2A) of the Senior Courts Act 1981.
Held
- Ground 1 succeeded. The common-law rule in Bank Mellat and Balajigari required an opportunity to make representations before revocation. The fact that the Guidance permitted immediate revocation without warning did not displace that duty. The Guidance had to be interpreted against the common law.
- The sponsorship context permits a high index of suspicion and a light trigger for protective action, but it does not dilute basic procedural fairness. Representations about whether a suspected breach occurred and what sanction was appropriate were distinct from representations about the wider impact of revocation.
- The allegation under ground (o) was capable of amounting to dishonesty, bad faith or other reprehensible or disreputable conduct. The rule in Balajigari therefore applied even if the conduct was not characterised as dishonesty.
- The claimed pointlessness exception did not apply. “Pointless” concerned the circumstances and practical operation of the decision-making process, particularly urgency, impossibility or impracticality. It did not permit the decision-maker to dispense with representations merely because the evidence appeared compelling.
- Ground 3 succeeded. The Secretary of State had not demonstrated that the correct question under ground (z) had been asked, namely whether there was evidence of deliberate or dishonest conduct. The matters relied on required explanation but did not themselves justify an immediate conclusion that the vacancy was sham or created primarily to facilitate immigration.
- The decision was inadequately reasoned on a principal controversial issue. The letter did not explain how the assignment to a relative and failure to make a sponsor note established deliberate conduct or dishonesty.
- The materiality and section 31(2A) arguments failed. The court could not conclude that revocation was inevitable or highly likely because representations might have affected the findings, mitigation and sanction. The decision of 6 March 2024 was quashed.
The court’s approach to earlier authorities
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Key cases cited
21 authorities cited.
- R (on the application of New London College Limited) v Secretary of State for the Home Department [2013] UKSC 51
- Bank Mellat v Her Majesty's Treasury (No 1) [2013] UKSC 38
- R (on the application of Alvi) v Secretary of State for the Home Department [2012] UKSC 33
- South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) [2004] UKHL 33
- Lloyd v McMahon [1987] AC 625
- Prestwick Care Limited, R (on the application of) v Secretary of State for the Home Department [2025] EWCA Civ 184
- Taj, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 19
- Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673
- London St Andrew's College, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 2496
- EK (Ivory Coast) v The Secretary of State for the Home Department [2014] EWCA Civ 1517
- New Hope Care Limited, R (on the application of) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin)
- TTT, by her mother and litigation friend UUU, R (on the application of) v Michaela Community Schools Trust [2024] EWHC 843 (Admin)
- R (Cava Bien Ltd) v Milton Keynes Council [2021] EWHC 3003 (Admin)
- Karagul & Ors, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin)
- Operation Holdings Ltd (t/a Goldcare Homes), R (On the Application Of) v The Secretary of State for the Home Department [2019] EWHC 3884 (Admin)
- Raj And Knoll Ltd, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 1329 (Admin)
- London St. Andrews College v Secretary of State for the Home Department [2014] EWHC 4328 (Admin)
- Westech College, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1484 (Admin)
- New London College Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2011] EWHC 856 (Admin)
- The London Reading College Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2561 (Admin)
- John v Rees [1970] Ch 345
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Cases citing this case
4 later cases · 4 positive
Most senior citing decisions:
- Moon Fish Limited, R (on the application of) v The Secretary of State for the Home Department [2026] EWHC 2289 (Admin) followed
- Alicja Hanna Rolbiecka-Platta v Regional Court in Poznan, The Republic of Poland [2026] EWHC 1658 (Admin) applied
- Prestige Social Care Services Ltd (R on the application of) v The Secretary of State for the Home Department [2025] EWHC 2860 (Admin) applied
- Ion Ciorici & Ors v Government of Moldova [2025] EWHC 809 (Admin)
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