Secretary of State's decision re employment application for non-EEA nationals held to be perverse - Vikram Foods Glasgow Ltd, Petitioners [OH] 08.06.16


Wed, 08 Jun 2016

Judicial review - Employment of non-EEA nationals - Owners of Indian restaurants seeking review of decision of Secretary of State to refuse to grant petitioners' application for Tier 2 General and Tier 2 ICT Sponsor Licence in respect of speciality chef and business development manager - Whether alternative remedy open to petitioners - Whether purported joint venture bona fide - Whether application considered in accordance with government's own guidance - Whether decision perverse. HELD that Secretary of State's decision in relation to the joint venture was perverse; and the guidance had not been properly followed. Decision letter accordingly reduced.




Category: Constitutional Law »  Judicial review. Keyword(s): Employment; Immigration; Government guidance. Area(s) of law: Employment; Public Sector.
Source: [2016] CSOH 77; 2016 GWD 20-357; 2016 SLT 902

 

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