Tag Archives: UKBA

No Section 83 Right of Appeal for Asylum Decision

Posted on July 18, 2016 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33 (22 June 2016) This case is somewhat academic because it relates to the construction of section 83 of the Nationality, Immigration and Asylum Act 2002. The provision … Continue reading →

Posted in Africa, Appeals, Asylum, Immigration Act 2014, Persecution, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , | 1 Comment

War On Students: It’s Not Cricket

Posted on December 1, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Call him what you will (some people call him plain crazy), but on student immigration London’s cricket bat wielding/football kicking mayor Boris Johnson has got things dead right: “Against illegals, yes. Against talent, no. In football as in the economy … Continue reading →

Posted in Economy, Immigration Rules, India, PBS, Students | Tagged , | 1 Comment

Immigration Rules Changed Again

Posted on November 30, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Yet another set of changes in the immigration rules is around the corner and most of these will enter into force on 13 December 2012. To this end, Statement of changes in Immigration Rules HC 760 envisages a plethora of … Continue reading →

Posted in Dependants, Immigration Rules, PBS, Settlement, UKBA 2007 | Tagged , , , , | 1 Comment

SSHD Required to Deal with Fresh Claims in Amended Grounds

Posted on November 12, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading →

Posted in Article 8, Asylum, Removals, Sri Lanka | Tagged , , , | Leave a comment

Challenging the Restriction on Alvi’s Scope

Posted on September 14, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Like its predecessor Statement of Changes Cm8423, the explanatory memorandum to Statement of Changes HC 565 expressed the government’s regret in relation to the fact that the changes to the Immigration Rules did not (yet again) comply fully with the … Continue reading →

Posted in Alvi, Article 8, Judicial Review, Pankina, PBS, Sedley LJ, UKSC | Tagged , , , | Leave a comment

POCA: seizure, detention and forfeiture of cash

Posted on March 9, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

What do two suitcases – stuffed with £10 and £20 notes totalling £50,000 – being checked-in from London to Istanbul have in common with a submission of no case to answer and the Proceeds of Crime Act 2002 (“POCA”)? Secretary of … Continue reading →

Posted in Cases, Crime, Crown Court, Heathrow, High Court, POCA, Turkey | Tagged , , , , , | Leave a comment

Chief Inspector unimpressed with Agency

Posted on February 24, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Human Trafficking, Dublin II and Certification

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

In AA (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 23 the Court of Appeal (Longmore and Maurice Kay LJJ, Sir David Keene) unanimously affirmed Mrs Justice Thirlwall’s decision in the High Court. From AA’s perspective, the … Continue reading →

Posted in Asylum, Council of Europe, ECHR, European Union, Human Trafficking | Tagged , , , , , | Leave a comment

Domestic violence and settlement: a Gujarati case

Posted on July 30, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Posted on June 9, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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)

Posted on June 3, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Posted on May 28, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Posted on April 28, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

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

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

Tier 2 update

Posted on March 26, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Posted on March 13, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Increased fees from April

Posted on February 28, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

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

Please don’t deport Brenda Namigadde

Posted on January 30, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

One would have to agree with the archbishop of Canterbury Dr Williams that the killing of Ugandan gay rights’s activist David Kato, who was murdered at his home in Mukono, Kampala after having won in court against a tabloid which … Continue reading →

Posted in Article 2, Article 5, Removals, Uganda, Uncategorized, Yarl's Wood IRC | Tagged , , , , | Leave a comment

Agency struggling with rules

Posted on January 29, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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