Procedural unfairness arguments unlikely to help in Points Based System refusals
25 January 2021
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The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure
The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure
Where a company sponsors a worker from overseas to fill a vacancy in the UK they must only do so if that vacancy is “genuine”.
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
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 case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death
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...
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 case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based System as a tool for objective decision making. On appeal, the tribunal holds that s.85A of the Nationality,...
