The Case of Tammina and R (Pathan): A Crucial Precedent for UK Businesses
The recent Court of Appeal decision in the case of Tammina and R (Pathan) has significant implications for UK businesses holding sponsor licences. This case, which involved Mr. Rajasekhar Tammina and his wife, Vinoda Tammina, challenged the decision of the Secretary of State for the Home Department (SSHD) to refuse Mr. Tammina's application for leave to remain in the UK as a Tier 2 (General) migrant. Tier 2 (General) is now known as Skilled Worker.
Background of the Case
Mr. Tammina originally came to the UK in October 2008 and was granted leave to remain under various categories until August 2014. On 9 May 2014, he was granted leave to remain as a Tier 2 (General) migrant until 31 March 2017,. On 8 February 2018, he applied to extend his leave as a Tier 2 (General) migrant. This was because his sponsoring employer's licence had been revoked on. It came to light that Mr Tammina had been aware of at least some of the serious compliance breaches which had resulted in the revocation of the licence.
The core issue in this case was whether the SSHD acted with procedural unfairness by not promptly notifying Mr. Tammina of his sponsor's licence revocation.
This issue required consideration of the decision in R (Pathan) v SSHD UKSC 41, where the Supreme Court held that the SSHD had acted with procedural unfairness by failing to notify a migrant promptly about the revocation of their sponsor's licence
Court's Decision
In the case of Tammina, the Court of Appeal, led by Lord Justice Snowden, found that the decision in Pathan was distinguishable on the facts. The Court held that Mr. Tammina had not been treated unfairly by the SSHD. It was relevant that Mr Tammina was already aware of the difficulties with his sponsor's licence.
Mr Tammina’s appeal was dismissed
Importance to UK Businesses
The case serves as a reminder for businesses to maintain compliance with their sponsor licence obligations. The revocation of a sponsor licence can have severe consequences for both the business and its sponsored employees. Businesses should implement robust risk management practices to monitor and address any issues related to their sponsor licence. This includes regular audits and reviews to ensure compliance with immigration regulations.
The Freeths Immigration team is here to support you in navigating these complex regulations and ensuring your business remains compliant. Don't leave your business's future to chance—reach out to us today for expert advice and tailored solutions. Together, we can safeguard your business and its valued employees. Contact our Immigration Team who are hand to answer your questions.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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