Category Archives: Pankina

Welcome To The Jungle

Posted on December 15, 2013 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) It seems that the controversial jurisprudential saga of impenetrable jungle law has finally been settled. In unanimously dismissing these three appeals, the UK … Continue reading →

Posted in Article 8, ECHR, Immigration Rules, Pankina, Removals, UKSC | Tagged , , | 1 Comment

A Tale Of Two Colleges: Supreme Court Upholds Sponsorship Guidance But Questions The Immigration Act’s Efficacy

Posted on August 8, 2013 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)  Only a year sets the R (Alvi) v SSHD [2012] UKSC 33 and R (New London College … Continue reading →

Posted in Education, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 4 | Tagged , , , , | Leave a comment

Challenging the Restriction on Alvi’s Scope

Posted on September 14, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Like its predecessor Statement of Changes Cm8423, the explanatory memorandum to Statement of Changes HC 565 expressed the government’s regret in relation to the fact that the changes to the Immigration Rules did not (yet again) comply fully with the … Continue reading →

Posted in Alvi, Article 8, Judicial Review, Pankina, PBS, Sedley LJ, UKSC | Tagged , , , | Leave a comment

Article 8 and Kafka: Students under Chikwamba

Posted on August 1, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012) The question where an article 8 claim should be made often arises? At times this is a hard question to answer but the … Continue reading →

Posted in Article 8, Court of Appeal, Immigration Rules, Pankina, PBS, Tier 4 | Tagged , , , , | Leave a comment

Alvi: Every “Rule” Must Be Laid

Posted on July 20, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33 This case began as a “simple” Tier 2 (General) application under the points-based system (PBS). Yet the refusal of Mr Alvi’s application ended up in the UK Supreme … Continue reading →

Posted in Court of Appeal, Immigration Rules, Pankina, PBS, Sedley LJ, Tier 2, UKSC | Tagged , , | Leave a comment

Case Preview: Alvi and Munir in Supreme Court

Posted on April 19, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The latest post on Alvi is available here. For the impact of Alvi on the Immigration Rules see post here. The latest post on Rahman, Munir and DP 5/96 is available here. Original post continues below. Writing last week on the … Continue reading →

Posted in Article 8, Cases, Immigration Rules, Pankina, PBS, Sedley LJ, Settlement | Tagged , , , , , | 13 Comments

A rule is a rule

Posted on March 11, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012) This is an important case. The Court of Appeal (Maurice Kay, Stanley Burnton and Lewison LJJ) unanimously decided that there was no … Continue reading →

Posted in Bangladesh, Court of Appeal, ECHR, Pankina, PBS, Tier 2 | Tagged , , , , | 1 Comment

Court of Appeal wants “common sense” in PBS

Posted on January 31, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In Agubata v Secretary of State for the Home Department [2012] All ER (D) 151 (Jan) the Court of Appeal (Mummery, Etherton and Sullivan LJJ) delivered extempore judgment in a Tier 4 points-based system case on 26 January 2012. The case … Continue reading →

Posted in Pankina, PBS, Students, Tier 4, Uncategorized | Tagged , , | Leave a comment

Points-based system, switching, etcetera

Posted on August 11, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading →

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

Posted on May 19, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading →

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment

Dirty cash we need you

Posted on March 17, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Statement of changes HC 863 to the immigration rules was published by the government on 16 March 2011 and will come into force on 6 April 2011. It is a substantial document which makes various amendments. In sum, through the … Continue reading →

Posted in AP (Russia), ECHR, Immigration Law, Immigration Rules, Pankina, PBS, Post Study Work, Special Talent, Tier 1, Tier 2 | Tagged , , , , , | 2 Comments

Pankina providence

Posted on March 15, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

This is the 100th post I am publishing on this website. Time sure does go by quickly. But I suppose that it is a propitious occasion to share some good news (at last!) with the world. Overseas applicants who were … Continue reading →

Posted in AP (Russia), Immigration Law, Pankina, PBS | Tagged , , , | 2 Comments

April rules

Posted on February 16, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The government has exempted niche professions such as bankers, lawyers and other migrants with high earnings from its immigration cap ( but only if they earn in excess of £150,000 per annum). This is redolent of the top-tier of the … Continue reading →

Posted in AP (Russia), Employment, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , , | Leave a comment

R (on the application of JCWI) v SSHD [2010] EWHC 3524

Posted on February 10, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

This is the judgment of the PBS judicial review. JCWI have posted a blog entry on the decision. Immigrants are very grateful to the Council for their leadership. At paragraph 37 the Court stated: It follows, in my judgment, that … Continue reading →

Posted in Article 8, Immigration Cap, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , | Leave a comment

Agency’s interim limit for Tier 2 reveals conflicting figures

Posted on December 25, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

We have now officially entered a very grim period in modern British history which is beginning to mirror the horrors and discrimination which the British authorities imposed on the “citizens of the United Kingdom and the Colonies” by way of … Continue reading →

Posted in AP (Russia), East African Asians, Immigration Cap, Immigration Rules, Kenya, Pankina, PBS, Tier 2, UKBA | Tagged , , , | Leave a comment

Empire strikes back

Posted on December 21, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

From 23 December 2010 the UKBA will stop accepting Tier 1 (General) applications made overseas. According to the UKBA the step has been taken “to ensure that we do not exceed the limit set by the government for issued Tier … Continue reading →

Posted in AP (Russia), Immigration Cap, Immigration Law, Immigration Rules, Pankina, PBS, Tier 1, Tier 2, UKBA, Uncategorized | Tagged , , , | Leave a comment

Post Study Work category to end next year

Posted on November 24, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

On the day that British students will march against the increases in home students’ fees, Mrs Theresa May has announced her government’s plans to close the PSW route for foreign graduates. It has been reported that last year the route … Continue reading →

Posted in AP (Russia), Article 8, Pankina, Post Study Work, Tier 1, UKBA | Tagged , , , | 1 Comment

New Pankina announcement

Posted on November 22, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In Pankina – or AP (Russia) – Sedley LJ asked the SSHD and the UKBA to refrain from using policy guidance to modify the immigration rules because the policy guidance had not been approved by Parliament. While the UKBA is trying … Continue reading →

Posted in AP (Russia), Court of Appeal, Immigration Rules, Judicial Review, Pankina, PBS, Post Study Work, Tier 1, Tier 2 | Tagged , , , , , | Leave a comment

Immigration cap faces judicial review challenge

Posted on November 12, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading →

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment

Pankina, Tribunal Cases, Judicial Review, and Overseas Applicants

Posted on September 2, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The Pankina judgment or “AP (Russia)” – Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719 – was a big blow to the Home Secretary and its manifestations are reflected in emergent case law. In R (on … Continue reading →

Posted in AP (Russia), Article 8, Cases, Constitution, Court of Appeal, ECHR, Immigration Law, Immigration Rules, Judicial Review, Nigeria, Pankina, Tier 1, Tier 2 | Tagged , , , , , , , , | 2 Comments