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LOCATION: Home » Section 3C Immigration Act 1971

KNOWLEDGE
CENTRE

High Court: Failure to Provide Proof of Section 3C Status Unlawful
By David Zuther - Legal Associate

In a judgment handed down on 07 June 2024, the High Court in R (on the application of Refugee and Migrant Forum of Essex and London and Cecilia Adjei) v Secretary of State for the Home Department, [2024] EWHC 1374...

 (Admin) ruled that the Home Secretary’s failure to provide documentary proof of their lawful presence in the UK to thousands of migrants covered by section 3C of the Immigration Act 1971 was unlawful....

Section 3C leave & Judicial review - Has it come to an end or not?
By Alex Papasotiriou - Immigration Barrister

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department...

 mentions on four occasions that “section 3C leave can exist only where it is a seamless continuation of leave, either extant leave or section 3C leave.” This is mentioned in the context of out of...

Does the protection of section 3C extend to out of time appeals?
By Richmond Chambers -

Whether a migrant is protected under section 3C of the Immigration Act 1971 (“s.3C”) is often not too complicated to figure out. If they have made an in-time application and a decision is received after the...

 expiry of their leave, then their leave is automatically extended by statute. Similarly, leave is extended throughout the appeal period if lodged in time. However, what if a migrant has section 3C but, for...

‘Remove First, Appeal Later’ Extended
By Richmond Chambers -

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The...

 Home Secretary now also has power to cancel leave which has been granted under s.3C of the Immigration Act 1971.Leave Under Section 3CContact Our Immigration Lawyers In London

Section 3C and the Notices Regulations
By Richmond Chambers -

Section 3C of the Immigration Act 1971 provides for an automatic extension of leave while an in-time application is being decided, including while it is being appealed. Importantly, for section 3C to be engaged,...

 the application has to be made before the previous leave expires and the previous leave must expire before a decision is made on the application. It is therefore very important to know when a decision is...

Invalid applications and automatic extensions of leave
By Alexis Slatter - Immigration Barrister

On 23 December 2015, the Supreme Court (Lady Hale, Lord Carnwath and Lord Hughes) granted permission to appeal the decision of the Court of Appeal in Iqbal v SSHD [2015] EWCA Civ 838, which decided that an application...

 rejected as invalid, did not extend a person’s leave to remain even though the application had been made before the expiry of that person’s leave. The contrary contention, had never previously...

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