Author Archives: Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Senior Partner, Khan & Co, Barristers-at-Law

Algerian father of five British children loses deportation battle 

OH (Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)  The Court of Appeal has held that in considering a challenge to the deportation of a foreign national offender under section 117C of … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Immigration Rules | Tagged , , , , , , , , , | Leave a comment

Home Office sticks to its guns on paragraph 322(5)

In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was “legally flawed” because SSHD decision-makers … Continue reading

Posted in Appendix FM, Appendix V, Court of Appeal, Deception, False Statements and Misrepresentations, Paragraph 322(5), PBS, Settlement, Tier 1 | Tagged , , , , , | Leave a comment

The Immigration (Amendment) (EU Exit) Regulations 2019

The Immigration (Amendment) (EU Exit) Regulations 2019 are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), in order to address deficiencies in retained EU law arising from withdrawal … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, European Union, EUSS, Permanent Residence | Tagged , , | Leave a comment

Changes in the Immigration Rules: Key Features of HC170

Statement of changes to the Immigration Rules HC 170 amends the Immigration Rules to reflect changes required if the UK leaves the EU without a deal. The changes affect EU, other EEA and Swiss citizens, and their family members. In order … Continue reading

Posted in Appendix EU, Brexit, Crime, Deportation, European Union, EUSS, Families, Free Movement, Immigration Rules, Spouses, Turkey | Tagged , , , , | Leave a comment

The new graduate immigration route for students

The Tier 1 (Post Study Work) visa category (PSW) was axed on 5 April 2012. In order to attract the “best and the brightest” to the UK, a new Tier 1 (Graduate Entrepreneur) visa scheme was devised to replace the … Continue reading

Posted in Article 8, ECHR, Immigration Cap, Immigration Rules, Politics, Post Study Work, Settlement | Tagged , , | Leave a comment

Brexit: Analysis of Miller and Cherry in Supreme Court

R (Miller/Cherry) v The Prime Minister [2019] UKSC 41 (24 September 2019)  These proceedings concerned a “one-off” issue arising in circumstances unseen in history and unlikely to arise again. The Supreme Court was cautious to emphasise at the outset that these … Continue reading

Posted in Brexit, Cases, Court of Appeal, European Union, False Statements and Misrepresentations, Judges, Judicial Review, Lady Hale, Miller, Parliament, Politics, Prerogative, Rule of law, Sedley LJ, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

Posted in Appeals, Article 8, Asylum, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Proportionality, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment