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 refused PBS visas prior to 23 June 2010 (the date of the Pankina judgment) because of the UKBA’s modifications to the immigration rules by virtue of policy guidance (naughty and unlawful) will be delighted to learn that the UKBA is issuing visas to overseas applicants who fell foul of the funds and maintenance requirements (£2,800 held continuously for three months etc).

Thus far the UKBA has excluded these people who applied overseas (for entry clearance) from any reconsideration process under the Pankina judgment.

But UKILB would like to inform overseas applicants who were excluded from any reliefs under the Pankina reconsideration process that the UKBA is granting visas to such applicants under the threat of judicial review proceedings.

UKILB can also disclose that in order to get the UKBA to do something about it the expected wait is six months’ time (at least). It’s great to know when tested for their (un)reasonableness, the UKBA can capitulate under the threat of a potential judicial review. One of my clients (pre June 23, 2010 Tier 1 (General) applicant) who had been excluded from reconsideration under the Pankina judgment for being overseas in India has been issued a visa which he should have been granted in the first place.

It’s nice to know that the UKBA is being Pankina compliant when it is pushed to explain its (un)reasonableness in a court of law. If you feel that you might have been excluded by the UKBA in the reconsideration process under Pankina, please get in touch and we’ll sort you out straight away. I have had loads of victories on citizenship, rule 317 and Article 8 applications but I will return to blog about these when the Home Office is out of time to appeal to the Upper Tribunal!

Previous posts in relation to Pankina on this blog are available here, here, here, here and here.

I can also say  that the UKBA’s bureaucrats in the International Group and the JRU do enjoy much superior training in comparison to their colleagues in Durham or Sheffield who decide ILR and other LTR applications – a favourite trick by these people is to deny in-time applications without a right of appeal! They probably get away with it most of the time as well.

About Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Senior Partner, Khan & Co, Barristers-at-Law
This entry was posted in AP (Russia), Immigration Law, Pankina, PBS and tagged , , , . Bookmark the permalink.

2 Responses to Pankina providence

  1. Esther says:

    Does this mean that people who have applied for the reconsideration from overseas will now be seen to? It seems that all in-country applications i.e. the claimant is still in the UK at the time of reconsideration, are being considered pretty quickly, whereas applications for reconsiderations for those who are now out of the UK for one reason or another have been lost in the proverbial ether……

    • mkp says:

      In fact it means that people excluded from reconsideration (because they were pre 23 June 2010 overseas applicants) have a remedy under Pankina, American friend suggests that this should be called “Pankina Power Baby!”, thus far i’ve managed to refrain from amending the title of the post.

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