Wednesday 30 March 2022
The Appellant appeals the Order of HHJ Cooke, sitting as a Upper Tribunal Judge, of 09 March 2021 by which he refused permission for judicial review following an oral hearing and refused permission to appeal to the Court of Appeal.
The Applicant sought to challenge the delay by the SSHD in deciding his second application under Tier 2. The application was refused because the certificate of sponsorship had been withdrawn due to restructuring of the employer’s business. The CoS was withdrawn 12 months after the Applicant had made his application. The Applicant argues that the SSHD’s delay is likely to have caused the withdrawal of the CoS. The SSHD is said to have been engaged in a verification process, but the Applicant argues that there is no evidence of this and that in any event, the process should have taken only weeks.