Category Archives: Immigration Rules

New Perspectives on Paragraph 322(5) and ILR

R (Khan) v SSHD (Dishonesty, Tax Return, Paragraph 322(5)) [2018] UKUT 384 (IAC) (3 May 2018) Migrants in the defunct Tier 1 (General) category used to be a viable source of highly skilled workers for the UK. Since the route … Continue reading

Posted in Appeals, Article 8, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Misconduct, Pakistan, Paragraph 322(5), Tier 1, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Article 8 and Private Life: Supreme Court Confirms Bright-line Interpretation of ‘Precarious’ in Section 117B(5) of NIAA 2002

Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 (14 November 2018) In interpreting the meaning of “precarious” in section 117B(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), whereby little weight should be given to … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Ticking the Fee Box: Crucial Guidance on Authorising Payment and Validity of Immigration Applications

Kousar & Ors v Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Giving guidance on the scope of the earlier Basnet [2012] UKUT 113 (IAC) principle concerning the rejection of applications as invalid, the Court … Continue reading

Posted in Appeals, Court of Appeal, Families, Immigration Rules, Pakistan, PBS, Proportionality, Tier 1, Tribunals | Tagged , , , , , , , | Leave a comment

Seven Year Rule: Child-Centred Decision By Supreme Court

KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018) The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, Deception, ECHR, Families, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Removals, s 55 BCIA, UKSC | Tagged , , , , , , , , | 1 Comment

Standard of Proof for Statelessness is Balance of Probabilities

AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading

Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC | Tagged , , , , , , , , | 1 Comment

Section 67: Court of Appeal on UASC and Procedural Fairness

R (Help Refugees Ltd) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018) So that they may properly challenge adverse decision-making by way of judicial review, the Court of Appeal has held … Continue reading

Posted in Asylum, CFR, Children, Consultation(s), Court of Appeal, European Union, Immigration Act 2016, Immigration Rules, Judicial Review, Persecution, Politics, Refugee Convention, UKSC | Tagged , , , , , , , , | Leave a comment

The Court of Appeal on Substantive and Procedural Fairness

Pathan & Islam v Secretary of State for the Home Department [2018] EWCA Civ 2103 (02 October 2018) Fairness in official decision-making is an important virtue in public law. Dismissing the judicial review claim involving Tier 2 (General) of the … Continue reading

Posted in Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Post Study Work, Students, Tier 2, Tier 4 | Tagged , , , , , , , | Leave a comment