Tag Archives: Judicial Review

Court of Appeal Upholds Income Requirements

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014) In an eagerly awaited decision regarding income requirements and sponsoring partners under the overhauled … Continue reading

Posted in Appendix FM, Article 14, Article 8, Court of Appeal, Human Rights Act, Immigration Rules, s 55 BCIA, Spouses | Tagged , , | 4 Comments

Construing the Rules: High Court to the Rescue

Amin, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2813 (Admin) One of the worst things that can happen to any immigration subject is for their application to be declared “invalid”. The consequences … Continue reading

Posted in Domestic Violence, High Court, Immigration Rules, Manchester, Pakistan, Spouse visa, Women | Tagged , | Leave a comment

SSHD Required to Deal with Fresh Claims in Amended Grounds

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading

Posted in Article 8, Asylum, Removals, Sri Lanka | Tagged , , , | Leave a comment

Government’s response to lost PBS review

The government has already started to whip up its rhetoric by talking tough in the face of its defeat in the High Court yesterday. Immigration Minister Damian Green has said that the “judgment will have no impact on the permanent … Continue reading

Posted in Immigration Cap, Immigration Rules, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Immigration cap declared unlawful by High Court

In the High Court Lord Justice Sullivan and Mr Justice Burton have declared that Mrs Theresa May unlawfully side-steped Parliamentary scrutiny when setting the limits to Tiers 1 and 2 which she introduced in July 2010. Since Sedley LJ  restored constitutional order in … Continue reading

Posted in AP (Russia), Employment, Immigration Cap, Immigration Rules, Judicial Review, Tier 1, Tier 2 | Tagged , , , | Leave a comment

New Pankina announcement

In Pankina – or AP (Russia) – Sedley LJ asked the SSHD and the UKBA to refrain from using policy guidance to modify the immigration rules because the policy guidance had not been approved by Parliament. While the UKBA is trying … Continue reading

Posted in AP (Russia), Court of Appeal, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2 | Tagged , , , , , | Leave a comment

Immigration cap faces judicial review challenge

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment