Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue that non binding ‘policy guidance’ changed the meaning of the quasi-statutory immigration rules. For cases after July 2012, if there are any, the legal arguments are a little different.
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 ... Read more
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy. You can access the ... Read more
Rodriguez (Flexibility Policy)  UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy.
The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal  UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work ... Read more
On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place ... Read more
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 ... Read more
Further to Sarah Pinder's earlier post on this subject, I have been provided with a copy of the infamous “PBS PROCESS INSTRUCTION EVIDENTIAL FLEXIBILITY” document in response to a Freedom of Information ... Read more
[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in Alvi  UKSC 33, upholding the earlier ... Read more
In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the ... Read more