“…retary of State was not obliged, as a matter of procedural fairness, to give A notice of her investigation. Pathan v Secretary of State for the Home Department [2020] UKSC 41 recognises that applicant should not be taken by surprise. A was entitled to know what the reason for the delay was.…”
“…vided, the application might be refused. Mr Biggs submitted that the situation was analogous to that in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41. There, at least four members of the Supreme Court held that procedural fairness required the respondent to notify the applicant of a fact which was fatal to t…”
“…t that approach should be taken would depend upon a careful analysis of the decision of the Supreme Court in R (Pathan) v Secretary of State for the Department [2020] UKSC 41, delivered after the hearing in this case. In the circumstances of this case, however, it is not necessary to consider or reach a conclusion on that issue for …”