In this case, the claimant, a Bolivian national who had lived in the UK for over 20 years and was married to a British national, faced a refusal of entry clearance. His challenge was based on the claim that he had not received the curtailment notice of his leave to remain. Mr. Escobar was granted leave to remain as the spouse of a British national in June 2014. He was granted further leave to remain in October 2020 until April 2023. After travelling to Bolivia in December 2022, he was refused re-entry to the UK in January 2023 due to his spouse withdrawing sponsorship, resulting in his detention and removal to Bolivia.

The main issue was whether the curtailment notice, which was emailed to Mr. Escobar on 25 October 2022, was effectively served. Mr. Escobar claimed he did not see the notice in his email inbox and suspected his wife might have deleted it.

The court ruled against Mr. Escobar, stating he failed to provide sufficient evidence to prove he did not receive the email. The court highlighted inconsistencies in Mr. Escobar’s witness statements and noted the absence of evidence, such as an expert’s report on what might have happened to the email. The court also emphasised the public policy interest in ensuring individuals read correspondence from the Home Office and noted that Mr. Escobar should have addressed his immigration status after his relationship ended.

The decision highlights the importance of seeking timely legal advice and promptly addressing changes in immigration status, serving as a warning for similar cases.