July 2015 - ICS Legal Blog

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Latest UK & International Legal News

Confusion between immigration appeal and judicial review

Client's who consult us find it difficult to work out the difference between an immigration appeal, administrative review and a judicial review. An immigration appeal or administrative review provides you with an immigration decision whereas the judicial review does not. Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court. Examples of the types of decision which may fall within the range of judicial review...

Statement of changes July 2015 -Tier 4 Visas

A number of changes are being implemented on the July 2015 Immigration Rules. Summary of the changes are as follows: Amend paragraph 19A which relates to returning residents, to include the spouse, civil partner, unmarried partner or same-sex partner of a Home Office employee serving overseas. Make changes and clarifications to the Immigration Rules relating to administrative review. Make minor changes and clarifications to the Immigration Rules on family and private life. Increase the maintenance requirements for Tier 4 (General) and Tier 4 (Child) students. Expand the area in which Tier 4 students have to demonstrate a higher maintenance requirement for London to include the University of London, or institutions wholly or partly within the area comprising the City of London and the former Metropolitan Police District. Apply the same maintenance requirements to all Tier 4 (General) students, regardless of whether they are already living in the UK, except Doctorate Extension Scheme students. Make all time spent in the UK as a Tier 4 student count towards Tier 4 time limits. Change the conditions for those given leave to enter or remain to study at publicly-funded further education colleges, to prohibit work. Prevent college students from extending their stay in...