*R (on the application of Mehmood) v Secretary Of State For The Home Department; R (on the application of Ali) v Secretary Of State For The Home Department

Immigration – Removal. The Court of Appeal, Civil Division held, inter alia, that s 3C(4) of the Immigration Act 1971 precluded an application for variation of leave 'while that leave is extended by virtue of this section' and, like s 3C(2), was consistent only with a continuation of the leave that existed before the application. The provision in s 10(8) of the Immigration and Asylum Act 1999, that the notification 'invalidates any leave … previously given to him', was to make it clear that its effect was that, from the date of the notification, that which had previously been done was undone. It was not implicitly drawing a distinction between leave pursuant to s 3 and leave pursuant to s 3C of the 1971 Act.

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