Matthew Howarth successfully defended an application for Judicial Review in The King (on the application of EFFICIENCY-FOR CARE LIMITED) v Secretary of State for the Home Department (“SSHD”). The Claimant challenged the decision of the SSHD to revoke a sponsorship licence.
The Claimants were represented by Mr Malik KC of 39 Essex
The Court highlighted the importance of having a system in place to ensure compliance with requirements under the Workers and Temporary Workers: guidance for sponsors Part 3: Sponsor duties and compliance, Version 03/23 (“Duties and Compliance Guidance”).
An issue in dispute was whether the Sponsor had breached the requirement to comply with Annex C1(x) and whether they would be considered as ‘acting as’ an employer for the purpose of the guidance i.e. supply of workers to a third party as labour. In these circumstances sponsorship licences will be revoked, as provision of workers is prohibited in Section L5.11 Workers and Temporary Workers: Guidance for Sponsors Part 1.
Mr Howarth highlighted that the duty of the SSHD was one of ‘immigration control’ (Prestwick Care Limited & Ors v SSHD [2023] EWHC 3193 (Admin) at paragraph 92) which was a fundamental reason for not requiring the commercial impact to be considered.
Mr Howarth is often instructed for Claimant businesses in these circumstances and is able to offer advice on how to best implement systems for compliance with Guidance requirements. He is currently ranked as a Tier 1 ‘rising star’ in the Legal 500 directory.