Category Archives: Tier 2

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

Brexit and the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | Tagged , , , , , , , , , , , | 2 Comments

Upper Tribunal gives important guidance on discretion and exceptional circumstances

R (Prathipati) v SSHD (Discretion – Exceptional Circumstances) [2018] UKUT 427 (IAC) (26 October 2018) A self-representing applicant for judicial review who in the Upper Tribunal’s view “represented herself with eloquence and courtesy”, Mrs Prathipati triumphed against the government’s junior counsel … Continue reading

Posted in Article 8, Cases, Immigration Rules, Judicial Review, Proportionality, Tier 2, Tier 4 | Tagged , , , | 1 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

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

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