April 2019 - ICS Legal Blog

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Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673

The case of Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673, relates to the issues under Tier 1 General refusals in conjunction with paragraph 322(5) of the Immigration Rules HC395. We have highlighted a few important matters for consideration. Here are some relevant details taken from the case itself. If you wish to take advice on this matter, then please contact us on 0207 237 3388 or email our team on info@icslegal.com.  The appeal had the following findings: A number of appeals brought forward to the Tribunal and Courts is whether paragraph 322(5) applies which considers whether it is "undesirable" for a person to be granted indefinite leave to remain. If this does, this case law, as well as many matters before the Tribunal and Courts, is that this paragraph is not mandatory but more of presumptive, in other words, that each matter must be considered correctly. There must be: (i) reliable evidence of (ii) sufficiently reprehensible conduct; and (iii) an assessment, taking proper account of all relevant circumstances known about the applicant at the date of decision, of whether his or her presence in the UK is undesirable (this should include evidence of positive features of...