Category Archives: Pakistan

Pakistani father of six British children loses deportation appeal 

MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252 (18 July 2019) In this case with striking facts, the Court of Appeal upheld decisions made by the First-tier Tribunal and Upper Tribunal in relation to … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, Pakistan, Public Interest | Leave a comment

Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK?

Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of rights test, as a “high-water mark” in the CJEU’s jurisprudence. Thereafter, the court began to suffer from “citizenship exhaustion” and the “test was shelved … Continue reading

Posted in Appendix EU, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Families, Immigration Rules, Netherlands, Pakistan, Settlement, Tribunals, UKSC | Tagged , , , , , , , , , | 1 Comment

Court of Appeal holds that a ‘director’s loan’ does not have a specialist meaning in Tier 1 (Entrepreneur) applications

R (Sajjad) v Secretary of State for the Home Department [2019] EWCA Civ 720 (17 April 2019) In a Pakistani businessman’s appeal against the dismissal of his application for judicial review against the refusal of his application for further leave … Continue reading

Posted in Business, Companies Act 2006, Court of Appeal, Entrepreneurs, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC | Tagged , , , , , , | Leave a comment

Fraud and revocation of ILR: Court of Appeal unlocks the door to the finality of unappealed tribunal decisions

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019) The Court of Appeal recently dismissed a Pakistani immigrant’s appeal against the refusal of his judicial review claim challenging the decision to cancel … Continue reading

Posted in Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Proportionality, Settlement, Tribunals | Tagged , , , , , , | Leave a comment

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

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

Deprivation of Citizenship: Unnecessary to Conduct a Proleptic Analysis of Deportation

Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) Abdul Aziz, Abdul Rauf and Adil Khan – the appellants – were convicted in 2012 of the grooming, sexual exploitation and trafficking … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Crime, Deportation, Deprivation of Citizenship, ECHR, Pakistan | Tagged , , , , , | Leave a comment