Upper Tribunal tackles “genuine entrepreneur” test
24 October 2017
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Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview
Today, Anti-Slavery Day, the Supreme Court has handed down judgments in cases that look at the extent to which diplomatic and state immunity allow diplomats
In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was
In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether
The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of)
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the
The case of KM (Bangladesh) v Secretary of State for the Home Department [2017] EWCA Civ 437 (21 June 2017) raises an interesting, if niche,
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so
The case of R (Majera) v Secretary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal giving
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first
In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called
Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of
Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in
First of all, the official headnote to Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015): Where an application for leave to remain in
A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words
My colleague Adrian Berry has done an excellent write up of one of his cases over on his blog that I can heavily recommend as
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines
The detained fast track appeals system was last Friday held to be unlawful in the High Court. The is available here: Detention Action v First-Tier Tribunal (Immigration
From the main Garden Court Chambers website regarding the case of Granovski & Ors v Secretary of State for the Home Department [2015] EWHC 1478 (Admin):
Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR
The Supreme Court has granted permission to appeal in the case of MP (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 829 and
The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir &
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the
In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002,
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In
The case of R (on the application of Muwonge) v Secretary of State for the Home Department (consent orders: costs: guidance) (IJR) [2014] UKUT 514
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media
The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international
Back in 2006, even before this blog first began and in the aftermath of his predecessor’s resignation, then Home Secretary John Reid declared that his
In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against Points Based System applications were removed, judicial consideration of the...
Today, Anti-Slavery Day, the Supreme Court has handed down judgments in cases that look at the extent to which diplomatic and state immunity allow diplomats to traffic and enslave their domestic workers with impunity. Traffickers will sleep a little less easily in their beds tonight. In Reyes v Al-Malki [2017]...
In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of Melilla breached their rights under Article 4 of Protocol 4 ECHR (prohibition of collective expulsions of aliens) and Article 13...
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. Exclusion order and return Article 27 of Directive...
In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental...
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of whether there would be “very significant obstacles” to an individual’s re-integration in that country if they were to be...
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The background to the case is that of the Home Office failing to appropriately...
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian...
The case of KM (Bangladesh) v Secretary of State for the Home Department [2017] EWCA Civ 437 (21 June 2017) raises an interesting, if niche, procedural point. The case is relevant to parties who have had an appeal dismissed by the Upper Tribunal (UT); who wish to challenge the findings...
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from subsequently doing so in another. But what if an applicant...
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidance than was available in previous cases and emphasises that...
The case of R (Majera) v Secretary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal giving helpful guidance on the legal status of a First-tier Tribunal bail decision which may have an error on its face. It may be helpful...
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second...
In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe window cleaner entered the UK as a visitor and then applied for leave to remain to establish his window cleaning business under the 1973 Immigration...
In a decision of 27 May 2016, the Inner House of the Court of Session held that excluding the spouses of refugees from the so-called ‘domestic violence concession’ (DVC) in Section DVILR of the Immigration Rules discriminates against such spouses in violation of Article 14 of the European Convention of...
Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in a new reported decision, Katsonga v Secretary Of State For The Home Department (“Slip Rule” : FtT’s general powers : Zimbabwe) [2016] UKUT 2298 (IAC)....
First of all, the official headnote to Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015): Where an application for leave to remain in the United Kingdom is refused under Section S-LTR.1.7 of Appendix FM of the Immigration Rules on the ground of the Applicant’s failure without reasonable excuse...
A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules, which reads: 399. This paragraph applies where paragraph 398 (b) or (c) applies if – (a)...
My colleague Adrian Berry has done an excellent write up of one of his cases over on his blog that I can heavily recommend as reading: British Citizenship by Descent:Trial and Error. The case is R (Bondada) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin), a...
This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the...
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a right of appeal against refusal on an immigration application. The Court of Appeal addresses this issue in the case of...
The detained fast track appeals system was last Friday held to be unlawful in the High Court. The is available here: Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) & Ors [2015] EWHC 1689 (Admin). The Home Office will appeal the judgment, which is in the meantime stayed. This...
From the main Garden Court Chambers website regarding the case of Granovski & Ors v Secretary of State for the Home Department [2015] EWHC 1478 (Admin): The High Court today handed down judgment on a judicial review challenging the Secretary of State’s rigid approach to calculating ‘continuous residence’ for settlement purposes....
Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine student” I was interested to see the new case of R (Mushtaq) v Entry Clearance Officer of Islamabad, Pakistan (ECO...
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some...
The Supreme Court has granted permission to appeal in the case of MP (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 829 and allocated reference number UKSC 2015/0027. Progress can be tracked on the Supreme Court website but the case does not yet appear there....
The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case...
The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents that have to be consulted, the...
In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002, introduced by the Immigration Act 2014. The Court of Appeal has already had its say in the case of YM (Uganda) v Secretary of...
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is stated that if a claimant from Sudan is a...
The case of R (on the application of Muwonge) v Secretary of State for the Home Department (consent orders: costs: guidance) (IJR) [2014] UKUT 514 (IAC) makes for interesting law and interesting reading. It is, apart from anything, the first case I can immediately recall featuring a Prologue, a section...
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling boosts David Cameron’s bid to clamp down on EU...
The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of the British Nationality Act 1981 to deprive a naturalised British...
Back in 2006, even before this blog first began and in the aftermath of his predecessor’s resignation, then Home Secretary John Reid declared that his department was “not fit for purpose”. A huge backlog of some half a million cases had been uncovered and the department would aim to deal...
In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the lawfulness of returning asylum seekers to Italy, a subject that has engaged the refugee lawyers of Europe for some years. The ECtHR rules that individualised enquiries...
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [2014] UKUT 442 (IAC) — can, from the Home Office’s perspective, be...
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with her husband and three children. The case is particularly interesting because it is a Grand Chamber decision and because...
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigration Rules. The court concludes that the new regime...