Category Archives: Students

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment

Seven Year Rule: ‘Powerful Reasons’ Approach Confirmed

MT & ET (Child’s Best Interests: Ex Tempore Pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) The president Peter Lane J has reconfirmed Elias LJ’s doctrine in MA (Pakistan) & Ors [2016] EWCA Civ 705 (see here) that “powerful reasons” are … Continue reading

Posted in Article 3, Article 8, Asylum, Children, ECHR, Judges, Nigeria, Proportionality, Students, Tribunals, UKSC, Women | Tagged , , , , , , , | 1 Comment

Deception and the Immigration Rules: Dishonesty is Necessary for a Document to be ‘False’

Agha v SSHD (False Document) [2017] UKUT 121 (IAC) (21 February 2017) The officials of the Federal Investigation Agency are much maligned in the West. In my encounters with FIA officials, in their role as immigration officers in Pakistani ports, … Continue reading

Posted in Agents, Appendix V, East India Company, Entry Clearance, False Statements and Misrepresentations, Immigration Rules, Judges, Judicial Review, Pakistan, Students, Visitors | Tagged , , , , | Leave a comment

Supreme Court Dismisses Section 3C Appeals

R (Mirza & Ors) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016) The provisions of the Immigration Act 1971 have haunted the courts for a number of years. Earlier cases such as Alvi and … Continue reading

Posted in Biometrics, Court of Appeal, Fees, Immigration Act 2014, Immigration Act 2016, Immigration Rules, PBS, Students, Tier 1, Tier 4, UKBA 2007, UKSC | Tagged , , , , | 2 Comments

The Sick Man of Europe: Can Theresa May Save the UK?

These days the British rule with two queens but they are still quite sick. Of course, the ills of their country are almost exclusively related to Brexit – a meaningless word not long ago. “Change is in the air” and … Continue reading

Posted in Banks, Blogging, Brexit, Business, Cases, Citizens Directive, Citizenship and Nationality, Employment, Financial Services, High Court, Immigration Act 2014, Pakistan, Politics, Students | Tagged , , , , , | Leave a comment

Supreme Court Allows Evidential Flexibility Appeal

On 14 October 2015, a generous Supreme Court allowed four appeals in as many judgments. In Gohil [2015] UKSC 61 and Sharland [2015] UKSC 60, among other things, “opening the floodgates” the court held that Varsha Gohil and Alison Sharland … Continue reading

Posted in Article 8, Immigration Rules, Legitimate Expectation, PBS, Students, Tier 4, UKSC | Tagged , , , , | Leave a comment

Student Loans: Settlement Criterion Declared Unlawful

R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 (29 July 2015) Soaring costs, rampant hostility towards foreigners and rigid rules have made the UK an unattractive place to live and study. But should settlement … Continue reading

Posted in Appendix FM, Article 14, Article 8, ECHR, Education, Human Rights Act, Immigration Rules, Lady Hale, Settlement, Students, UKSC | Tagged , , , , , | 1 Comment