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Lead ETS/TOEIC deception appeals allowed in the Upper Tribunal
By Richmond Chambers -

On 23 March 2016, the Upper Tribunal allowed ‘without hesitation’, two lead ETS/TOEIC deception appeals. The Tribunal carefully scrutinised the evidence relied on by the Secretary of State for the...

 Home Department and that relied on by the Appellants, an assessment which the judges in the judicial review cases of R (Gazi) v Secretary of State for the Home Department (ETS – judicial review) [2015] UKUT...

Applications for British citizenship by EU nationals
By Richmond Chambers -

British nationality law is often a complex subject and, after 12 November 2015, this is an area which has increased in complexity for citizens of EU Member States who wish to apply for naturalisation as British...

 citizens in accordance with the British Nationality Act 1981 (the ‘BNA1981’). Applications for naturalisation as a British citizen will be considered by the Secretary of State in accordance with section...

Upper Tribunal provides guidance on spouse visa extensions
By Richmond Chambers -

In the case of R (on the application of Bhudia) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 00025 (IAC) the Upper Tribunal made several helpful comments for those applying...

 for spouse visa extensions, and also judicial review applicants. The application in question was made under the ‘old’ spouse visa rules, found in Part 8 of the Immigration Rules. However, some of the...

Certification of a human rights claim as ‘clearly unfounded’ and how to avoid it
By Gillian McCall - Barrister Partner

Prior to the relevant provisions of the Immigration Act 2014 coming into force in April 2015, individuals who had an immigration application refused which did not bring their leave to an end did not benefit from...

 a right of appeal against the refusal decision. This affected people who had no leave to remain in the UK at the time that they made their application, who would have no right of appeal if an application...

Home Secretary Criticised for “Compassion Quota” in Asylum Policy
By Richmond Chambers -

Theresa May is facing criticism for her plans to introduce what many critics are calling a “compassion quota” which offers the bare minimum protection to the vast majority of refugees. The policy,...

 which has been branded as the government’s strategy on asylum has been met with criticism by many. The policy states that only more of the most vulnerable refugees will only be resettled in Britain if that is...

Influx in EU Expats Applying for UK Citizenship
By Richmond Chambers -

There has been a significant increase in the number of Europeans living in the UK applying for British Citizenships, with many fearing that the country could leave the UK according to solicitors and community leaders. The...

 rise in the number of applications comes following the announcement of the EU referendum, with many being unsure of the impact that the UK potentially leaving the EU would have on their life. With...

MAC Proposals for Tier 2 Entry Visas
By Richmond Chambers -

In an attempt to further curb the percentage of net immigration under the company sponsored Tier 2 route under the Points Based System, the Migration Advisory Committee (MAC), independent advisors to the Home...

 Office, have proposed several far reaching changes for the year 2016. MAC claims that the corporate category is oversubscribed with many key industries readily recruiting from overseas, finance, IT and...

What impact will BREXIT actually have on migration?
By Richmond Chambers -

On Saturday 20 February 2016, Prime Minister David Cameron announced a referendum on 23 June 2016 to determine whether Britain should exit the European Union (EU). The recently released figure of net migration into...

 Britain of 323,000 has prompted those in the ‘Vote Leave’ camp to argue that the only way to manage (reduce) this level is to leave the EU. Leaving aside any comment on whether net migration ought to...

UK launches new two-year tourist visa for Chinese nationals
By Richmond Chambers -

In January 2016, the UK officially launched a new visitor visa scheme. Chinese nationals are now able to apply for a two-year multi-entry visa. The previous standard tourist visa for Chinese nationals was limited...

 to 6 months. The new scheme is therefore four times the normal 6-month limit for a standard general visitor visa. The reasons behind this new launch? According to latest figures from VisitBritain, Chinese...

The Calais Case
By Alexandra Pease - Barrister Partner

The landmark and ground breaking case of R (on the application of ZAT and others v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulations – interface – proportionality) IJR...

 [2016] UKUT 61 (IAC) was recently reported. All Applicants in this case were granted anonymity due to their ages and vulnerabilities. The first four Applicants were all present in France in the makeshift camp often...

The flexible nature of judicial review
By Alexis Slatter - Immigration Barrister

In Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor [2015] UKSC 69, [2015] 3 WLR 1665, Supreme Court was invited to reconsider the basis on which the courts review decisions...

 of the executive, and in particular that the traditional Wednesbury rationality basis for challenging executive decisions should be replaced by a more structured and principled challenge based on...

Challenging deception findings in immigration and visa applications
By Richmond Chambers -

Deception is defined within Paragraph 6 of the Immigration Rules as follows:Immigration & Visa Application Barristers London

 Deception is defined within Paragraph 6 of the Immigration Rules as follows:Immigration & Visa Application Barristers London
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