Category Archives: Tier 2

Court of Appeal: American Visitor’s Appeal Allowed

PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015) In this case, Elias and Fulford LJJ, Dame Janet Smith allowed Phyllis Gain’s appeal and remitted the matter to the Upper Tribunal … Continue reading

Posted in Article 8, Court of Appeal, Immigration Rules, PBS, Proportionality, Tier 2, Visitors | Tagged , , , , | Leave a comment

Kaleidoscopic Changes in Immigration Rules Continue

Statement of Changes in Immigration Rules HC1025 brings further kaleidoscopic changes to the existing abyss of legal nonsense surrounding visas for the UK. Ahead of the impending general election, some unwitting politicians are demanding an “Australian style points-based system” of … Continue reading

Posted in Appendix FM, Asylum, Children, ECHR, Entrepreneurs, Exceptional Talent, Immigration Rules, PBS, Tier 1, Tier 2, Tier 4, Visitors | Tagged , , , | 2 Comments

Court of Appeal on Children’s Duty

EV (Philippines) & Ors v Secretary of State for the Home Department (SSHD) [2014] EWCA Civ 874 (26 June 2014) The Court of Appeal (Jackson, Lewison & Christopher Clarke LJJ) went for overkill in this case about the best interests … Continue reading

Posted in Article 8, Children, Court of Appeal, Hale JSC, s 55 BCIA, Tier 2 | Tagged , , , , | 1 Comment

Spectres of Pankina: The Rules, Fairness and Article 8

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012) This is a recent Upper Tribunal (“UT”, Judges Storey and Lane) case involving the Alvi [2012] UKSC 33 and Pankina [2010] EWCA Civ 719 genre of cases. The … Continue reading

Posted in Alvi, Article 8, Immigration Rules, Philippines, Sedley LJ, Tier 2, Work Permits | Tagged , , , | Leave a comment

Alvi: The Aftermath …

In the wake of the Alvi [2012] UKSC 33 judgment, a new Statement of Changes in Immigration Rules CM8423  (“the statement”) came into force on 20 July 2012. Weirdly, the statement – spanning an overwhelming 288 pages – also corrects cross-referencing errors in Appendix … Continue reading

Posted in Alvi, Article 8, Dependants, Exceptional Talent, Immigration Rules, Tier 1, Tier 2 | Tagged , , , | 2 Comments

Alvi: Every “Rule” Must Be Laid

R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up in the UK Supreme … Continue reading

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , | Leave a comment

A rule is a rule

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment