All Articles: Visitors

Visit visa refusals: appeal or judicial review?

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? T ...

14th August 2018 By

Visitor appeal succeeds on human rights grounds

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 que ...

10th March 2015 By

Rejection of visit visa to attend funeral: analysis

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 befor ...

20th January 2015 By

Family visitor receives £125,000 damages for mistreatment by immigration officials

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] EW ...

4th September 2014 By

Bali (Family member: 3 month visit) [2013] UKUT 570 (IAC)

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), ...

22nd November 2013 By

Family visit appeals abolished and bonds introduced

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 G ...

25th June 2013 By

More changes to the Immigration Rules

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 201 ...

4th April 2013 By

New Statement of Changes – sigh…

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 11p ...

6th September 2012 By

The ‘subjective’ element

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 unmarrie ...

31st July 2012 By

Genuine visitor: relevant and irrelevant considerations

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 ...

22nd May 2012 By

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