R (on the application of Mostafa and others) (Appellants) v Secretary of State for the Home Department (Entry Clearance Officer) (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0068

Parties

Appellant(s)

Benazir Mostafa, Noor Ahamed, Nawwaf Noor Ahamed, Nawaz Noor Ahamed

Respondent(s)

Secretary of State for the Home Department / Entry Clearance Officer

Issue

Did the Court of Appeal fail to give sufficient deference to the Upper Tribunal? Did the Court of Appeal misconstrue paragraph 8.2 ROB of the Immigration Rules? Was the Entry Clearance Officer’s decision affected by public law errors?

Facts

The appellant is Mrs Mostafa, a Bangladesh national. In March 2022, Mrs Mostafa submitted an application to the Entry Clearance Officer (“ECO”) for entry clearance as a Representative of an Overseas Business. The business in question was Probridhi Apparel Limited, a garment manufacturing and export company based in Bangladesh, which exports garments to various retailers in the UK but which does not have a physical presence in the UK. Mrs Mostafa was interviewed in connection with her application for entry clearance in October 2022. During the interview, Mrs Mostafa was asked a number of questions about the intended running of the business in the UK, including about her role in completing the business plan, how much she intended to charge for the business’s services, where in the UK she intended to base the business, and why she was establishing the business in the UK and not Germany or France. Mrs Mostafa was unable to answer these questions to the ECO’s satisfaction. In November 2023, the ECO made a Decision refusing her application. This was because, in the ECO’s opinion, she did not satisfy the requirements under paragraphs ROB 5.2 and ROB 8.2 of the Immigration Rules. These provisions require, in outline, that the decision-maker be satisfied (i) that the establishment of the business in the UK (or appointment of the applicant as its overseas representative) was not just a pretence so the applicant could apply for entry clearance, and (ii) that the applicant is a senior employee of the business with the necessary skills, experience and knowledge of the business. Mrs Mostafa applied for administrative review of the Decision, and, in June 2023, the Home Secretary maintained the decision. Mrs Mostafa then applied for judicial review of the Decision on the grounds that it had been reached irrationally and on an incorrect interpretation of the Immigration Rules. The Upper Tribunal granted Mrs Mostafa’s application for judicial review and quashed the ECO’s decision. On the Home Secretary’s appeal, the Court of Appeal allowed the appeal and set aside the Upper Tribunal’s Order. Mrs Mostafa now appeals to the Supreme Court.