Category Archives: UKBA

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Independent Chief Inspector Slams Agency On Legacy Cases

On 22 November 2012, the Independent Chief Inspector of Borders and Immigration (“the inspector”) Mr John Vine CPE QPM – whose office was established under section 48 of the UK Borders Act 2007 – published An inspection of the UK … Continue reading

Posted in Asylum, John Vine, UKBA, UKBA 2007 | Tagged , , , , | 3 Comments

Chief Inspector unimpressed with Agency

Last year’s border row resulted in John Vine CBE QPM (Independent Chief Inspector of the UK Border Agency, “the Inspector”) being commissioned by the Home Secretary “to investigate and report on the level of checks operated at ports of entry to … Continue reading

Posted in Arrivals, Chief Independent Inspector, Security Checks, UKBA | Tagged , , , , | Leave a comment

Domestic violence and settlement: a Gujarati case

Earlier in the year the Director of Public Prosecutions (DPP) Keir Starmer QC highlighted the need to tackle domestic violence (DV) – see his speech Domestic Violence: the facts, the issues, the future. Starmer argued that the saying “it’s just … Continue reading

Posted in Article 8, Domestic Violence, DPP, Gujarat, Immigration Rules, India, Settlement, Tribunals, UKBA | Tagged , , , , , , | Leave a comment

Poppycock claims

Just as day two in the Quila appeal kicks off (watch here or join the discussion here or please click the twitter blackbird pie item at the end of this post), I would just like to take the opportunity to state … Continue reading

Posted in Article 8, Immigration Rules, India, PBS, Spouses, UKBA, UKSC | Tagged , , , , , , | Leave a comment

Case Comment: SI (variation/curtailment – human rights ground) Pakistan [2011] UKUT 00118 (IAC)

This brief case makes a hulking legal point. Moreover, it illustrates the games which the UKBA “plays” with the objects of its control. Although the outcome was not in favour of SI (the appellant), the case is quite valuable because … Continue reading

Posted in Article 8, Dependants, East African Asians, Families, Immigration Rules, Kenya, Pakistan, Removals, Sedley LJ, Settlement, SQVS, Tribunals, UKBA | Tagged , , , , , , , , , | Leave a comment

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment

Points-based system news

As of 6 April 2011 no sponsored migrant under Tier 2 (General) can be paid in cash. Moreover, restricted CoS can be applied for 3 months in advance (the earliest possible date). In paragraph 206 of the Sponsor Guidance, the … Continue reading

Posted in Article 8, ECHR, Immigration Law, Immigration Rules, Post Study Work, Tier 1, Tier 2, Tier 4, UKBA | Tagged , , , , | Leave a comment

The fee referencing number

Have you ever wondered what could possibly be more bureaucratic than a Certificate of Sponsorship and its allocation and assignment? Ever ask yourself what a “fee referencing number” is? Let me tell you. A fee referencing number is a number … Continue reading

Posted in ECHR, MPs, UKBA | Tagged , , | 2 Comments

New student rules

As I entered the UK in the year 2000 under paragraph 57 of the immigration rules (as they were then in force), I could not resist writing about the changes to the immigration rules with respect to students. In the … Continue reading

Posted in Article 8, Dependants, PBS, Tier 1, Tier 4, UKBA | Tagged , , , | 1 Comment

Tier 2 update

The 6 April 2011 changes in the immigration rules will modify Tier 2 (General) by dividing Certificates of Sponsorship (CoS) into ‘restricted’ and ‘unrestricted’ categories. In the restricted category, a cap of 20,700 will be maintained and 4,200 CoS will … Continue reading

Posted in MAC, PBS, Tier 2, UKBA | Tagged , , | Leave a comment

Conservatives’ stillborn feminism

On 8 March 2011 Mrs Theresa May bigged up her party by putatively expressing solidarity with women’s causes on the occasion of the 100th International Women’s Day. With most people distracted by the ongoing debate about a “British Bill of … Continue reading

Posted in Asylum, ECHR, Immigration Law, Persecution, Spouses, UKBA, Women | Tagged , , , , , | Leave a comment

Children “at the heart” of family reunions

The government has announced its plans for a more “humane approach” to family reunions where the best interests of children will remain paramount. The immigration minister’s statement in relation to ending the detention of children from last December can be … Continue reading

Posted in Article 8, Children, Detention, Families, Removals, s 55 BCIA, UKBA | Tagged , , , | Leave a comment

Increased fees from April

The immigration minister Mr Damian Green has issued a statement in which he proposes to increase fees for applications to study, visit, work or stay in the UK. The government will introduce the fees by laying two separate regulations in Parliament. … Continue reading

Posted in Fees, UKBA, Uncategorized | Tagged , | Leave a comment

Agency struggling with rules

While drafting a skeleton argument yesterday it has became apparent to me that the UKBA’s website provides an inaccurate picture of the immigration rules. Allow me to explain. The skeleton had a section on Tier 2 (General) and appendixes A, … Continue reading

Posted in Harassment, Immigration Rules, PBS, UKBA | Tagged , , , , | Leave a comment

The Subject Access Request

Apologies for not having written for the past two weeks. There has been a lot of action in my native country of Pakistan and most of it has been bad of course. I’m trying to arrange another blog in relation … Continue reading

Posted in East African Asians, Enforcement, Gandhi, Immigration Law, Removals, SAR, Tribunals, UKBA | Tagged , , , , , , | Leave a comment

UKBA to use 2nd class post for EU applicants

The UKBA will no longer pay for recorded delivery costs for returning the supporting documents of EU applications. Instead the agency will use second class post for EU applicants who don’t provide their own prepaid recorded delivery costs. This change … Continue reading

Posted in European Union, UKBA | Tagged , | Leave a comment

Detention, enforcement and removals revised

The UKBA has revised  3 chapters of thier enforcement instructions and guidance. The said chapters are: Chapter 31 – Enforcement visits Chapter 43 – Personal safety in enforcement work Chapter 61 – Arrest teams – operational procedures Apart from republishing the … Continue reading

Posted in Article 5, Detention, Tier 2, UKBA | Tagged , , , | Leave a comment

Revised detention guidance

The UKBA has updated Chapter 31 (Detention and detention policy in port cases) of its Immigration Directorates’ Instructions (IDIs). The Agency has also revised Chapter 55 (Detention and temporary release) of its Enforcement Manual. Everyone can only hope that the UKBA can adhere … Continue reading

Posted in Article 5, Article 8, Enforcement, Immigration Law, UKBA | Tagged , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment