R (on the application of Minster Care Management Ltd) v Secretary of State for the Home Department

Immigration – Workers. The claimant sought judicial review of the defendant Secretary of State's decision to revoke its Tier 2 sponsor licence. The Secretary of State conceded that she had erred in not having been satisfied that the claimant had conducted the resident labour market test. The Administrative Court, in allowing the application, held that the Secretary of State had wrongly applied the guidance relating to employment agencies and businesses, when the claimant had not fallen into either category and it had been irrational to have treated it as if it had. Accordingly, the Secretary of State's decision would be quashed.

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