All Articles: Genuineness test

Procedural unfairness arguments unlikely to help in Points Based System refusals

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 deficiencies in his or her Points Based System application before it is refused. The case is R (Taj) v Secretary of State for ...

25th January 2021 By

Work visa refusal based on “genuine vacancy” rule declared irrational

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”. The case of R (Suny) v SSHD [2019] EWCA Civ 1019 arose from a disagreement between a sponsored worker and the Ho ...

25th June 2019 By

Upper Tribunal tackles “genuine entrepreneur” test

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 ...

24th October 2017 By

Genuine students and ECO interviews

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┬áR (Mushtaq) v Entr ...

17th May 2015 By

Genuineness test for entrepreneurs and new evidence on appeal

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 ...

12th August 2014 By

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