Tag Archives: Pankina

A Tale Of Two Colleges: Supreme Court Upholds Sponsorship Guidance But Questions The Immigration Act’s Efficacy

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)  Only a year sets the R (Alvi) v SSHD [2012] UKSC 33 and R (New London College … Continue reading

Posted in Education, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 4 | Tagged , , , , | Leave a comment

Spectres of Pankina: The Rules, Fairness and Article 8

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading

Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits | Tagged , , , | Leave a comment

Article 8 and Kafka: Students under Chikwamba

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4 | Tagged , , , , | Leave a comment

Alvi: Every “Rule” Must Be Laid

R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant) [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , , | Leave a comment

A rule is a rule

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment

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

Points-based system, switching, etcetera

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Poppycock claims

Just as day two in the Quila appeal kicks off (watch here or join the discussion here or please click the twitter blackbird pie item at the end of this post), I would just like to take the opportunity to state … Continue reading

Posted in Article 8, Immigration Rules, India, PBS, Spouses, UKBA, UKSC | Tagged , , , , , , | Leave a comment

Dirty cash we need you

Statement of changes HC 863 to the immigration rules was published by the government on 16 March 2011 and will come into force on 6 April 2011. It is a substantial document which makes various amendments. In sum, through the … Continue reading

Posted in AP (Russia), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Special Talent, Tier 1, Tier 2 | Tagged , , , , , | 2 Comments

Pankina providence

This is the 100th post I am publishing on this website. Time sure does go by quickly. But I suppose that it is a propitious occasion to share some good news (at last!) with the world. Overseas applicants who were … Continue reading

Posted in AP (Russia), Immigration Law, Pankina, PBS | Tagged , , , | 2 Comments

Empire strikes back

From 23 December 2010 the UKBA will stop accepting Tier 1 (General) applications made overseas. According to the UKBA the step has been taken “to ensure that we do not exceed the limit set by the government for issued Tier … Continue reading

Posted in AP (Russia), Immigration Cap, Immigration Law, Immigration Rules, Pankina, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , | Leave a comment

Post Study Work category to end next year

On the day that British students will march against the increases in home students’ fees, Mrs Theresa May has announced her government’s plans to close the PSW route for foreign graduates. It has been reported that last year the route … Continue reading

Posted in AP (Russia), Article 8, Pankina, Post Study Work, Tier 1, UKBA | Tagged , , , | 1 Comment

Why the best might prefer to leave the UK

While speaking to the Confederation of British Industry in an attempt to allay the immigration fears of the business community Prime Minister David Cameron comfortingly said to his audience: “Let me give you this assurance. As we control our borders … Continue reading

Posted in AP (Russia), Article 8, Asylum, Biometric Cards, Business, Detention, Economy, Education, Employment, Entrepreneurs, European Union, Immigration Law, Immigration Rules, Overseas Workers, PBS, Persecution, Post Study Work, Tier 1, Tier 2, UKBA Signing Centres, Uncategorized, 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

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