All Articles: Fairness

“Fairness” in immigration cases is overrated says Court of Appeal

Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness and the Points Based System, and in particular a decision of Mr Justice Blake in Patel (Revocation ...

20th February 2019 By

No duty of fairness to student left in the lurch by college

Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a firm second place to predictability. The case is R (Dharmeshkumar Bhupendrabhai P ...

27th February 2018 By

Upper Tribunal slams First-tier in complex benefits appeal

“Oh dear. Oh dear. Oh dear.” This was the introductory paragraph of Upper Tribunal Judge Wikeley in AF v SSWP (DLA) (No.2) [2017] UKUT 366 (AAC). When a judge expresses himself in this manner – and when the Secretary of State for Wo ...

29th September 2017 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

Operation Nexus

The Met Police website tells us that: Operation Nexus, designed and delivered by the MPS and UKBA, aims to maximise intelligence, information and world wide links to improve how we deal with and respond to foreign nationals breaking the law. AC Rowley ...

12th June 2013 By

Quick Reads