Category Archives: Constitution

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

Home secretary signals end of settlement for skilled workers and students

Speaking on future action in relation to immigration policies while addressing the Conservative party conference the home secretary, Theresa May, intimated the government’s intentions to stop the right to permanent settlement for more than 100,000 skilled workers and 320,000 overseas students … Continue reading

Posted in AP (Russia), Article 14, Article 8, Asylum, Citizenship and Nationality, Constitution, Court of Appeal, Dependants, Economy, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , , | Leave a comment

Pankina, Tribunal Cases, Judicial Review, and Overseas Applicants

The Pankina judgment or “AP (Russia)” – Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 - was a big blow to the Home Secretary and its manifestations are reflected in emergent case law. In R (on … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Nigeria, Pankina, Tier 1, Tier 2 | Tagged , , , , , , , , | 2 Comments

The Coalition Government and Immigration’s New Clothes

It appears from the view taken by the Chartered Institute of Personnel and Development (CIPD) that the Points Based System introduced by the former Labour government is working. The system has had more success in controlling immigration than its introducing Labour … Continue reading

Posted in Article 8, Business, Constitution, Court of Appeal, Economy, Immigration Rules, Overseas Workers, PBS, Post Study Work, Tier 1, Tier 2, Uncategorized | Tagged , , , , , , | Leave a comment

Pre-23 June Overseas Applications, the Pankina Judgment, and Judicial Review

The Pankina Policy: Reliefs and Exclusions Subsequent to the Court of Appeal’s judgment in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Points Based System Maintenance (Funds): Policy Document produced by the UKBA selectively … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2, UKBA | Tagged , , , , , , , | Leave a comment

Pankina Reliefs

Pankina, or AP (Russia) was a landmark case and it has given rise to a multitude of new issues in immigration law. The case demonstrates that the Points Based System (“PBS”) is susceptible to legal challenges which are constitutionally well … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Consultation(s), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1 | Tagged , , , , , , , | 1 Comment

AP (Russia) Update

The legal challenges to the maintenance requirements under the Points Based System (“PBS”) were discussed in Immigration Minister Damien Green’s Written Ministerial Statement which was presented to Parliament on 22 July 2010. The terms of the Minister’s statement in relation … Continue reading

Posted in AP (Russia), Cases, Constitution, Court of Appeal, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1 | Tagged , , , | Leave a comment

Case Comment: SSHD v Anastasia Pankina [2010] EWCA Civ 719

Departing from the tier system’s continuous 3 month £800 maintenance requirement English judges certainly know how to pronounce judgments without fear of reprisal from the executive branch of government. The reason for this might be that in England to remove … Continue reading

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1, UKBA | Tagged , , , , , , | Leave a comment

British nationality claims: The Case of the East African Asians

How the claim arises There is a large population of South Asians in East Africa. Their presence there dates back to the time of the British Empire when large numbers of South Asian workers were brought to East Africa by … Continue reading

Posted in Article 8, British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | 1 Comment

Kenyan constitutional reform: potential problems in Africa’s Asian British citizenship maze

It is entirely possible that Kenyan Asians who were persecuted in Kenya and discriminated against at home in the UK (which denied them their rightful entry into the UK through perverse legislation such as the Commonwealth Immigrants Act 1968) will … Continue reading

Posted in British Overseas Citizens, Citizenship and Nationality, Constitution, East African Asians, Kenya | Tagged , , , , | Leave a comment