R (Prestige Social Care Services Ltd) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Licensed sponsor — Revocation of licence — Secretary of State raising concerns about sponsor’s high turnover of staff and sponsored workers not meeting immigration or role-critical requirements — Secretary of State determining some certificates of sponsorship assigned to “non-genuine” roles and revoking sponsor licence due to non-compliance with duties under guidance — Whether finding of “non-genuine” roles requiring dishonesty or reprehensible conduct — Whether revocation decision irrational — Senior Courts Act 1981 (c 54), s 31(2A)

[2025] EWHC 2860 (Admin); [2025] WLR(D) 584, KBD

AI Summary & Issues

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In the High Court case of Prestige Social Care Services Ltd v The Secretary of State for the Home Department, the claimant's judicial review of the revocation of its sponsorship licence was dismissed. The court upheld the revocation due to breaches of sponsor duties, despite finding some irrationality in the decision concerning "non-genuine roles." The defendant was deemed to have rational grounds for concerns over the claimant's recruitment practises, including high staff turnover. Costs were awarded to the defendant.

Issues

• Did the Defendant have a rational basis to conclude that the Claimant's high staff turnover constituted a failure in recruitment practises that posed a threat to immigration control under the Sponsor Guidance?
• Was the Defendant justified in determining that the recruitment of Mr F, whose visa application was refused, indicated a failure to comply with sponsor duties as outlined in the Sponsor Guidance?
• Did the Defendant rationally conclude that the recruitment of Ms K, who was unable to perform the driving duties required for her role, demonstrated a severe failure in the Claimant's recruitment practises?