All Articles: Genuineness test

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 the Home...

25th January 2021
BY Pip Hague

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 Home Office about the...

25th June 2019
BY Nick Nason

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...

24th October 2017
BY nicknason

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 –...

17th May 2015
BY Colin Yeo

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,...

12th August 2014
BY Colin Yeo
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