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Sending an immigration decision to an email address is effective service


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Sending an immigration decision to an email address is effective service, subject to rebuttal:

(1)    Notice of a decision (not falling within the Immigration (Notices) Regulations 2003) is “given” for the purposes of s.4(1) of the Immigration Act 1971 when it is (a) “sent” in accordance with Art 8ZA of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161) as inserted by the Immigration (Leave to Enter and Remain) Amendment Order 2013 (SI 2013/1749) with effect from 12 July 2013 and (b) according to the method used, is delivered to the individual’s postal or e-mail address according to that method.

(2)    Where Art 8ZB applies, both delivery and the date of delivery are rebuttably presumed.

(3)    There is no requirement that the individual has actual knowledge of the notice or its contents.

(4)    Consequently, subject to rebuttal, a notice of a curtailment decision attached to an e-mail sent to an individual’s e-mail address will be “given” on the day it is sent and is delivered to that individual’s e-mail address.

Source: Mahmood, R (on the application of) v Secretary of State for the Home Department (effective service – 2000 Order) (IJR) [2016] UKUT 57 (IAC) (18 January 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.