Tier 2 Licence Suspension – No Right of Appeal Doesn’t Mean No Rights
Although there is no formal right of appeal in cases where a Tier 2 Sponsor Licence Suspended or revoked, that does not necessarily mean that a decision cannot be challenged. The right to appeal – or in this case its absence – is not necessarily the final say on such matters. An alternative means exists for defending the business – and the jobs associated with it – in such cases where inspectors have found a company to have failed to meet the conditions of the tier 2 visa scheme.
YDVISAS have shown that it is possible to make a successful case in such a circumstance on the basis of what is known as a ‘pre action protocol for judicial review’. If not successful then the decision could be challenged by a Judicial review proceeding. Such an action rests on being able to show that the decision to revoke the licence was both unreasonable and unlawful. It should be pointed out, therefore, that the use of this mechanism is entirely contingent on the specific circumstances of the case in question.
Zero Tolerance Regime
Businesses operating under the Tier 2 Licence scheme have been subject to increased scrutiny in recent years, with the effect that the number of licence renewals has been decreasing along with the number of licences that are suspended or downgraded. Between 2014 and 2015 as many as 65 Tier 2 licences revoked, 210 were suspended and a further 45 were rated down. These figures bear testament to the fact that the margin for error for Tier 2 licence holders has been reduced to zero.
The Letter of the Law
Tier 2 inspectors perform an important function in overseeing that the terms of Tier 2 licences are being observed correctly. However, it has been shown that there are instances when they may be over-enthusiastic in their work. Even though no formal route to appeal is written into the terms of the licence that does not mean that it is somehow above the law. It is not. And the Judicial review is one way to ensure that the law is equitably maintained on both sides of the equation, for employees, their employers and the UK authorities.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.