Tag Archives: Immigration Rules

The public interest in deportation has ‘a moveable rather than fixed quality’ holds Court of Appeal

Akinyemi v The Secretary of State for the Home Department [2019] EWCA Civ 2098 (04 December 2019)  The Court of Appeal thinks that it is necessary to approach the public interest in deportation in a flexible manner by accepting that … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Deportation, ECHR, Families, Human Rights, Immigration Rules, Proportionality, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal demands adherence to proper standards of appellate advocacy

Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC) (8 October 2019)  This case makes a variety of points about the validity of immigration applications, the enjoyment of statutorily extended leave under section 3C of the … Continue reading

Posted in Article 8, Bangladesh, ECHR, Immigration Rules, Judges, Judicial Review, Notices, PBS, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Algerian father of five British children loses deportation battle 

OH (Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)  The Court of Appeal has held that in considering a challenge to the deportation of a foreign national offender under section 117C of … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Immigration Rules | Tagged , , , , , , , , , | Leave a comment

Home Office sticks to its guns on paragraph 322(5)

In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was “legally flawed” because SSHD decision-makers … Continue reading

Posted in Appendix FM, Appendix V, Court of Appeal, Deception, False Statements and Misrepresentations, Paragraph 322(5), PBS, Settlement, Tier 1 | Tagged , , , , , | Leave a comment

The new graduate immigration route for students

The Tier 1 (Post Study Work) visa category (PSW) was axed on 5 April 2012. In order to attract the “best and the brightest” to the UK, a new Tier 1 (Graduate Entrepreneur) visa scheme was devised to replace the … Continue reading

Posted in Article 8, ECHR, Immigration Cap, Immigration Rules, Politics, Post Study Work, Settlement | Tagged , , | Leave a comment

HC 2631 and the EU Settlement Scheme 

Statement of Changes to the Immigration Rules HC 2631, presented to Parliament on 9 September 2019, makes a raft of changes and it makes revised provision for access to the EU Settlement Scheme (or the “EUSS”) until 29 March 2022 … Continue reading

Posted in Appendix EU, Brexit, Children, Citizens Directive, CJEU, European Union, EUSS, Immigration Rules | Tagged , , , , , | Leave a comment

Brexit and the Euro TLR Scheme 

After being installed as Home Secretary, Priti Patel, pounced on the opportunity to declare that free movement would end with a no-deal Brexit on 31 October 2019. She then made a u-turn. But her misguided comments caused a surge in … Continue reading

Posted in Brexit, Citizens Directive, CJEU, European Union, EUSS, Free Movement, Immigration Law, MAC, PBS, Settlement | Tagged , , , , , | Leave a comment