Tag Archives: Immigration Rules

False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading

Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Home Office wins in Supreme Court against Belarusian man with “limbo” status

R (AM (Belarus)) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024)  The Supreme Court has allowed the Home Office’s appeal in the case of AM who was a Belarusian who stayed in “limbo” by … Continue reading

Posted in Appeals, Article 8, Asylum, Crime, Deportation, ECHR, ECtHR, False Statements, Hostile Environment, Immigration Rules, Judicial Review, Public Interest, Statelessness, UKSC | Tagged , , , , , , , | Leave a comment

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

Court of Appeal disapproves of tribunal’s decision in Capparelli

R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading

Posted in Appeals, British Citizenship, Court of Appeal, European Union, Free Movement, Immigration Rules, Permanent Residence, Settlement, Sri Lanka, Tribunals | Tagged , , , , | Leave a comment

HC 590: Changes to MIR, Skilled Worker and other rules

Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses | Tagged , | Leave a comment

Appendix FM leave knocks out Zambrano right of residence

R (Akinsanya & Anor) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024) Eyre J has held that before Brexit, the right to reside in the UK available to carers under the decision in … Continue reading

Posted in Appendix EU, Appendix FM, Brexit, Children, Immigration Rules, Judicial Review, NRPF, Settled Status, Settlement, Zambrano | Tagged , , , , , , , | Leave a comment

Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading

Posted in Appendix EU, Bangladesh, Citizens Directive, Court of Appeal, Dependants, Entry Clearance, Immigration Rules, Tribunals | Tagged , , , , , | Leave a comment

Three year delay in making decision on application is lawful

Zhou & Ors, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 81 (07 February 2024) The Court of Appeal has held that UT Judge Frances had not erred in refusing a family … Continue reading

Posted in Article 8, China, Court of Appeal, ECHR, Hostile Environment, Immigration Rules, Judicial Review, Skilled Worker, Tier 1 | Tagged , , , , , | Leave a comment

Appendix FM and changes of £29,000 and £38,700 to MIR

“MIR”, an acronym for “Minimum Income Requirement”, has become a menacing buzzword in the hostile world of UK immigration law which is required as annual income to sponsor a spouse. From 11 April 2024, MIR will be increased from £18,600 … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Spouses, UKSC | Tagged , , , , | Leave a comment

Court of Appeal quashes Upper Tribunal’s article 8 decision in deception case

Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) In this case, the Court of Appeal remitted to the Upper Tribunal an Indian national’s claim based on the right to respect for family … Continue reading

Posted in Article 8, Court of Appeal, Deception, ECHR, False Statements and Misrepresentations, Immigration Rules, India, Judges, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test

NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023) The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set … Continue reading

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

SSHD’s Rwanda policy appeal dismissed by Supreme Court

R (on the application of AAA (Syria) & Ors) v SSHD [2023] UKSC 42 (15 November 2023) In this judgment, unanimously dismissing the SSHD’s appeal, the Supreme Court agreed with the Court of Appeal’s conclusion that the Rwanda policy is … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Refugee Convention, Rwanda, UKSC | Tagged , , , , , , | Leave a comment

MQM London member wins in Court of Appeal 

WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894 (26 July 2023) In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal … Continue reading

Posted in Altaf Hussain, Article 3, Asylum, Court of Appeal, Expert Evidence, Immigration Rules, MQM, Pakistan, Refugee Convention | Tagged , , , , , | Leave a comment

Tier 1 (Investor) Migrant: Supreme Court stresses ‘unblinkered’ approach to analysing facts

Wang & Anor, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 21 (21 June 2023) The Supreme Court has allowed the SSHD’s appeal, and restored her decision to refuse leave to remain to … Continue reading

Posted in Court of Appeal, Immigration Rules, Judicial Review, PBS, Russia, Tier 1, UKSC | Tagged , , , , , | Leave a comment

Winning for JO: An Afghani ADR case 

Obtaining entry clearance for an Adult Dependant Relative (ADR) is a difficult task these days. The rules are stringent and applications are routinely refused and appeals take ages to get heard. But in credible cases it is possible to secure … Continue reading

Posted in ADR, Afghanistan, Appendix FM, Article 8, Court of Appeal, Deception, ECHR, ECOs, Immigration Rules, Pakistan, Proportionality, Public Interest, Tribunals | Tagged , , , , , | Leave a comment

Court of Appeal on credibility, standard of proof and appellate court’s role

MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023) The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international … Continue reading

Posted in Appeals, Article 8, Asylum, Credibility, Egypt, Fairness, High Court of Australia, Immigration Rules, Refugee Convention, UKSC | Tagged , , , , , , | 1 Comment

Court of Appeal rejects wide reading of Chikwamba principle

Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30 (19 January 2023) The Court of Appeal found in these cases that Chikwamba is only relevant if the SSHD refuses an application on the narrow procedural … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Entry Clearance, Immigration Act 2014, Immigration Rules | Tagged , , , | Leave a comment

EU Settlement Scheme is unlawful 

R (On the Application of The Independent Monitoring Authority for the Citizens’ Rights Agreements) v SSHD [2022] EWHC 3274 (Admin) (21 December 2022) The EU Settlement Scheme (EUSS) is unlawful because it contravenes the Withdrawal Agreement negotiated between the UK … Continue reading

Posted in Appendix EU, Brexit, CJEU, European Union, EUSS, Immigration Rules, Judicial Review, Permanent Residence, Withdrawal Agreement | Tagged , , , , , , | Leave a comment

Policy of removing asylum seekers to Rwanda is lawful 

AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022) The High Court has held that the SSHD’s policy of removing asylum seekers to Rwanda to have their asylum claims determined there rather … Continue reading

Posted in Africa, Article 3, Asylum, ECHR, Immigration Rules, Israel, Judicial Review, MEDP, Parliament, Refugee Convention, Removals, Rwanda | Tagged , , , , , , , , | Leave a comment