All Articles: Points Based System

Court of Appeal has finally had it with the Points Based System

The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and ill equipped to design to and then adapt to the constan ...

8th December 2016 By

Statement of Changes to the Immigration Rules HC667

Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for who ...

4th November 2016 By

Court of Appeal unhappy with Home Office position and submissions in student case

“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to des ...

16th May 2016 By

*UPDATED* Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination

President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secr ...

13th May 2016 By

Evidential flexibility policy is additional to the provisions of the Immigration Rules

In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was R ...

11th May 2016 By

Inspection report finds chaotic Home Office practices in student cases

A recent report by the Chief Inspector of Borders and Immigration, David Bolt, revealed that the management of curtailment decisions in Tier 4 cases is inconsistent and the Home Office is unable to deal with the thousands of curtailment cases and ...

29th March 2016 By

Statement of changes to the Immigration Rules: HC877

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Thos ...

11th March 2016 By

Is the UK Government selling British passports?

A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an inv ...

24th February 2016 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

New report suggests Tier 1 Investor route used for large scale money laundering

A new report by Transparency International, Gold rush: Investment visas and corrupt capital flows into the UK, suggests that substantial amounts of corrupt wealth stolen from China and Russia are “highly likely” to have been laundered in ...

22nd October 2015 By

Supreme Court upholds evidential flexibility policy

The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular fol ...

19th October 2015 By

Court of Appeal dismisses ETS challenges

Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this elu ...

29th September 2015 By

Statement of Changes to the Immigration Rules HC 437

Statement of Changes to the Immigration Rules HC 437 has been published. Most of the changes are fairly minor or technical but not all. From the explanatory notes: The purpose of these changes is to: implement section 53(1) of the Modern Slavery Act ...

17th September 2015 By

Good news and bad for challenges to ETS fraud decisions

The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyo ...

18th June 2015 By

Immigration applicants cannot rely on telephone calls with Home Office

Immigration applicants cannot rely on telephone calls with Home Office operators, the Upper Tribunal has held in the case of R (on the application of Zia and Another) v Secretary of State for the Home Department IJR [2015] UKUT 191 (IAC). ...

19th May 2015 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 R (on the applicat ...

17th May 2015 By

High Court finds Tier 1 Entrepreneur landline requirement irrational

The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding ...

23rd March 2015 By

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 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 Based Syste ...

12th August 2014 By

MORE evidential flexibility cases

Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential ...

27th June 2014 By

Points Based System flexibility to be considered by Supreme Court

The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly reveal ...

12th June 2014 By

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