Motiwala was unable to leave the UK
Karachi-based businessman Jabir Motiwala has won a visa case against Home Office in the UK High Court.
Jabir Siddiq, known as Jabir Motiwala, had brought a case against the UK Home Office before the High Court about his visit visa cancellation.
It was concluded that former Home Secretary Priti Patel acted unlawfully when she cancelled Motiwala’s visit visa and detained him.
Motiwala’s claim included his detention in the UK and the legal costs he had to pay for over two years.
This occurred due to the collapse of his American extradition case at the London High Court.
Motiwala took such precautions to fight the US government’s attempts to extradite him.
The US wanted to extradite Motiwala from London to Washington to face charges of drug importation, money laundering and alleged links to gangster Dawood Ibrahim. which could have ended in lifetime imprisonment.
However, Motiwala argued that his visa – which permitted a 10-year stay – was unlawfully cancelled as it had no legal basis.
The Home Office stated that the businessman had overstayed beyond the six months allowed for international visitors.
This was because he was under arrest from August 18, 2018, till April 14, 2021.
Motiwala was unable to leave the UK or meet the Home Office conditions as his Pakistani passport was in possession of UK officials.
In his application for a judicial review hearing at the Royal Courts of Justice, Judge Justice Ellenbogen formed a preliminary view that the Home Office had acted unlawfully.
The judge said that by cancelling the UK visit visa of Motiwala, Priti Patel did not apply the correct rules.
Judge Justice Ellenbogen believed the decision was irrational.
After the hearing, the Home Office agreed to restore Motiwala’s visa, and award damages for being held unlawfully detained for seven days.
The Home Office also confirmed that they will return the legal fees in five figures that Motiwala had to pay for this judicial review.
In a statement, solicitors Sheryar Khan and Kinza Rana said:
“Mr Jabir Siddiq has now been reissued his 10-year multiple-entry visit visa which is an incredible success and the Home Secretary has rectified their error in initially cancelling his visa.
“We welcome the agreement with the Home Office for the compensation for Mr Motiwala who suffered great injustice.”
“However, adopted the legal route to establish on numerous occasions that he was wronged and unfairly treated.
“He has been vindicated on all counts and justice has prevailed.”