Tag Archives: AP (Russia)

Court of Appeal wants “common sense” in PBS

Posted on January 31, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In Agubata v Secretary of State for the Home Department [2012] All ER (D) 151 (Jan) the Court of Appeal (Mummery, Etherton and Sullivan LJJ) delivered extempore judgment in a Tier 4 points-based system case on 26 January 2012. The case … Continue reading →

Posted in Pankina, PBS, Students, Tier 4, Uncategorized | Tagged , , | Leave a comment

Points-based system, switching, etcetera

Posted on August 11, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading →

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Dirty cash we need you

Posted on March 17, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Statement of changes HC 863 to the immigration rules was published by the government on 16 March 2011 and will come into force on 6 April 2011. It is a substantial document which makes various amendments. In sum, through the … Continue reading →

Posted in AP (Russia), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Special Talent, Tier 1, Tier 2 | Tagged , , , , , | 2 Comments

Pankina providence

Posted on March 15, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

This is the 100th post I am publishing on this website. Time sure does go by quickly. But I suppose that it is a propitious occasion to share some good news (at last!) with the world. Overseas applicants who were … Continue reading →

Posted in AP (Russia), Immigration Law, Pankina, PBS | Tagged , , , | 2 Comments

April rules

Posted on February 16, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The government has exempted niche professions such as bankers, lawyers and other migrants with high earnings from its immigration cap ( but only if they earn in excess of £150,000 per annum). This is redolent of the top-tier of the … Continue reading →

Posted in AP (Russia), Employment, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , , | Leave a comment

Economics of the Post Study Work visa

Posted on February 11, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

British educational institutions such as the London School of Economics and Political Science (LSE) are resisting the government’s plans to delete the PSW visa category from the immigration rules. It has been acknowledged by the Immigration Minister Mr Damian Green that … Continue reading →

Posted in AP (Russia), Article 8, Employment, Immigration Rules, Post Study Work, Tier 1 | Tagged , , , , | 2 Comments

R (on the application of JCWI) v SSHD [2010] EWHC 3524

Posted on February 10, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

This is the judgment of the PBS judicial review. JCWI have posted a blog entry on the decision. Immigrants are very grateful to the Council for their leadership. At paragraph 37 the Court stated: It follows, in my judgment, that … Continue reading →

Posted in Article 8, Immigration Cap, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

Posted on December 25, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Empire strikes back

Posted on December 21, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

From 23 December 2010 the UKBA will stop accepting Tier 1 (General) applications made overseas. According to the UKBA the step has been taken “to ensure that we do not exceed the limit set by the government for issued Tier … Continue reading →

Posted in AP (Russia), Immigration Cap, Immigration Law, Immigration Rules, Pankina, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , | Leave a comment

Immigration cap declared unlawful by High Court

Posted on December 17, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In the High Court Lord Justice Sullivan and Mr Justice Burton have declared that Mrs Theresa May unlawfully side-steped Parliamentary scrutiny when setting the limits to Tiers 1 and 2 which she introduced in July 2010. Since Sedley LJ  restored constitutional order in … Continue reading →

Posted in AP (Russia), Employment, Immigration Cap, Immigration Rules, Judicial Review, Tier 1, Tier 2 | Tagged , , , | Leave a comment

New Pankina announcement

Posted on November 22, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In Pankina – or AP (Russia) – Sedley LJ asked the SSHD and the UKBA to refrain from using policy guidance to modify the immigration rules because the policy guidance had not been approved by Parliament. While the UKBA is trying … Continue reading →

Posted in AP (Russia), Court of Appeal, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2 | Tagged , , , , , | Leave a comment

Why the best might prefer to leave the UK

Posted on October 27, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

While speaking to the Confederation of British Industry in an attempt to allay the immigration fears of the business community Prime Minister David Cameron comfortingly said to his audience: “Let me give you this assurance. As we control our borders … Continue reading →

Posted in AP (Russia), Article 8, Asylum, Biometric Cards, Business, Detention, Economy, Education, Employment, Entrepreneurs, European Union, Immigration Law, Immigration Rules, Overseas Workers, PBS, Persecution, Post Study Work, Tier 1, Tier 2, UKBA Signing Centres, Uncategorized, Working | Tagged , , , , , , , , , , , , , , | Leave a comment

Pankina, Tribunal Cases, Judicial Review, and Overseas Applicants

Posted on September 2, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Pankina judgment or “AP (Russia)” – Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 – was a big blow to the Home Secretary and its manifestations are reflected in emergent case law. In R (on … Continue reading →

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Nigeria, Pankina, Tier 1, Tier 2 | Tagged , , , , , , , , | 2 Comments

Pre-23 June Overseas Applications, the Pankina Judgment, and Judicial Review

Posted on August 15, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Pankina Policy: Reliefs and Exclusions Subsequent to the Court of Appeal’s judgment in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Points Based System Maintenance (Funds): Policy Document produced by the UKBA selectively … Continue reading →

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2, UKBA | Tagged , , , , , , , | Leave a comment

Pankina Reliefs

Posted on July 27, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Pankina, or AP (Russia) was a landmark case and it has given rise to a multitude of new issues in immigration law. The case demonstrates that the Points Based System (“PBS”) is susceptible to legal challenges which are constitutionally well … Continue reading →

Posted in AP (Russia), Article 8, Cases, Constitution, Consultation(s), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Russia, Tier 1 | Tagged , , , , , , , | 1 Comment