Challenge to refusal of visitor visa dismissed by Court of Appeal
20 May 2025
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An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary
Following the recent roll out of the new Electronic Travel Authorisation (ETA) regime for non-visa nationals, there has emerged an apparent discrepancy between some of
The Electronic Travel Authorisation scheme was first announced in the March 2023 Statement of Changes to the immigration rules HC 1160. This post explains what the scheme
The latest statement of changes to the immigration rules has been published, accompanied by an explanatory memorandum and a ministerial statement. A visa regime has
Companies like TrustedHousesitters have recently hit the news following a number of incidents whereby some of its international members tried to enter the UK as
Statement of changes HC 334 has been published today stating that the concession allowing Ukrainians to travel to the UK without the need to enrol
A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school
In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what
Travel to the UK is opening back up, but not as we previously knew it. The news has been replete with examples of EU citizens
No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family
Every immigration lawyer in the UK will, at least once in their career, be sat in front of a nonchalant non-visa national (usually American, Canadian
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to
In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle
In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish
In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a
As of today the full right of appeal against refusal of a visit visa sponsored by a family member in the UK has been abolished.
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed
Yes another Statement of Changes – HC 565 – has been laid and (hold your breath), most of it comes into force… today! I am grateful
A new “subjective” element has been discovered and can be found in the Immigration Appeals Family Visitor Regulations 2012 (SI 2012/1532). Watch out for this
In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the
An unhappy Court of Appeal has warned against the “the type of informal case expansion that was deprecated by this Court in R (Talpada) v Secretary of State for the Home Department [2018] EWCA Civ 841” and reminded litigants of the need to make formal applications when wanting to amend...
Following the recent roll out of the new Electronic Travel Authorisation (ETA) regime for non-visa nationals, there has emerged an apparent discrepancy between some of the suitability requirements in the ETA rules and the visitor rules. This is relevant because it could, at least in theory, lead to cases of...
The Electronic Travel Authorisation scheme was first announced in the March 2023 Statement of Changes to the immigration rules HC 1160. This post explains what the scheme is, who needs an electronic travel authorisation, and how to apply. The relevant immigration rules are found in Appendix Electronic Travel Authorisation and Appendix ETA...
The latest statement of changes to the immigration rules has been published, accompanied by an explanatory memorandum and a ministerial statement. A visa regime has been imposed on Trinidad and Tobago with immediate effect, I am pretty sure you can guess why. Details on that and many of the other...
Companies like TrustedHousesitters have recently hit the news following a number of incidents whereby some of its international members tried to enter the UK as a visitor in order to take advantage of an agreed-upon housesitting arrangement but were instead denied entry into the country. With the rise of this...
Statement of changes HC 334 has been published today stating that the concession allowing Ukrainians to travel to the UK without the need to enrol their biometrics in advance will end on 18 December 2024. As of 3pm today, subject to transitional provisions, Colombians must obtain entry clearance before coming...
A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school groups visiting the UK from France. There are also three new appendices (taking us up to 81 separate appendices to the immigration rules), Appendix Bereaved...
In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what the rules say about earning prize money. We also look at options for gamers looking to apply their trade in the UK on a long-term...
Travel to the UK is opening back up, but not as we previously knew it. The news has been replete with examples of EU citizens being denied entry at UK airports and detained for removal. These stories are nothing new to jaded non-European ears. But for many European travellers, this...
No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and entertainers. This has been retweeted and attacked by seemingly every artist you’ve heard of, and even been debated in Parliament. The claims are that the...
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
Every immigration lawyer in the UK will, at least once in their career, be sat in front of a nonchalant non-visa national (usually American, Canadian or Australian) who is blissfully unaware that they have either overstayed their leave as a visitor, breached the conditions of their leave as a visitor,...
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using ePassport gates (‘eGates’). British and EU citizens have been able to use eGates since 2008. The Home Secretary, Sajid Javid, said at the time that...
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? The problem seems all the more...
In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance...
In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family...
In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a family visitor. The case is Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) and it is extremely...
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European...
As of today the full right of appeal against refusal of a visit visa sponsored by a family member in the UK has been abolished. Combined with the recently announced pilot of £3,000 ‘bonds’ payable for visitors to the UK, it is clear the Government is making it increasingly difficult...
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 2013 HC1039. These can be viewed...
Yes another Statement of Changes – HC 565 – has been laid and (hold your breath), most of it comes into force… today! I am grateful to Alison Harvey at ILPA, whose hard-work is truly immeasurable: an e-mail was sent out at 11pm last night alerting members to this following...
A new “subjective” element has been discovered and can be found in the Immigration Appeals Family Visitor Regulations 2012 (SI 2012/1532). Watch out for this worrying little element as it has the potential to restrict the appeal rights of unmarried partners. The 2012 Regulations defines who is a “family member”...
In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In Sawmynaden, the appellant had travelled to the UK on a number of occasions since 2001 in order to visit her...