Category Archives: Students

Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill

The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

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

What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?

Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Public Interest, Settlement, Students, Tier 2, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Statement of Changes in Immigration Rules HC 1154

Interestingly, by virtue of Statement of Changes in Immigration Rules HC 1154, the Home Office claims to extend its commitment to protect and support the most vulnerable people while simultaneously purporting to encourage highly talented students and workers to remain … Continue reading

Posted in Brexit, Children, Exceptional Talent, Financial Services, Immigration Act 2016, Immigration Rules, Investors, PBS, Settlement, Students, Tier 1, Tier 2, Tier 4 | Tagged , , , | Leave a comment

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