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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...

Tier 1 entrepreneur extension of stay

Tier 1 Entrepreneur application's can be extended for further leave to remain, however you need to make sure you provide the specified evidences. You can apply to extend your visa if you have registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 (Entrepreneur) visa and that you can prove you’ve been self-employed or working as a director of a business 3 months before you apply. You must also provide evidences that you have created at least 2 full time jobs that have existed for at least 12 months. You must have invested into 1 or more UK businesses either: £200,000 in cash; or £50,000 in cash if your initial application was based on having funds from an approved funding source You must be in the UK to extend your visa. You should include any dependants who are on your current visa on your application to extend - including children who have turned 18 during your stay. The visa should be considered by those looking to start, run or take over a UK based business. The visa allows initial entry for a period of up to...

Immigration (European Economic Area) (Amendment) Regulations 2015

SI 2015 No. 694. These Regulations amend the Immigration (European Economic Area) Regulations 2006 (including bringing the legal framework within which appeals may be brought against a decision taken under the 2006 Regulations into line with the regime established by the Immigration Act 2014). Coming into force 6th April 2015. The 2006 Regulations set out the appellate regime in respect of decisions which are made under those Regulations (‘EEA decisions’) and they apply certain parts of Part 5 of the 2002 Act to appeals against EEA decisions. The 2014 Act substantially amended the appellate regime in the 2002 Act. The 2014 Act restructured the rights of appeal in the 2002 Act, with the effect that is now only possible to appeal under that Act against the refusal of a human rights claim, a protection claim (humanitarian protection and asylum) and revocation of a refugee or humanitarian protection status (‘the tripartite grounds’). In particular the concept of an appeal against an ‘immigration decision’, upon which appeals against EEA decisions were previously based by the 2006 Regulations, no longer exists. Accordingly, paragraph 15 of Schedule 1 amends paragraph 1 of Schedule 1 to the 2006 Regulations to apply the relevant provisions of the 2002 Act, as amended by the...

Doctors of the World finds migrants are avoiding seeking medical treatment

A new report by Doctors of the World – Médecins du monde (MdM) has found that even migrants who have permission to be in the UK are avoiding seeking vital medical treatment for fear of being arrested, thePress Association (PA) reported yesterday. The report, Access to healthcare for people facing multiple health vulnerabilities, can be read here. The MdM report is based on data collected in 2014 in face-to-face medical and social consultations with 23,040 people in 25 programmes/cities in Belgium, France, Germany, Greece, the Netherlands, Spain, Sweden, Switzerland, the United Kingdom and Turkey. MdM runs healthcare clinics for vulnerable people, including one in Bethnal Green, East London. The majority of patients seen across Europe by MdM (91.3%) were living below the poverty line. Most (93.6%) were foreign nationals who had on average been living in Europe for more than six years. Migrants seen by MdM in the UK cited fear of being arrested, administrative and legal barriers, lack of knowledge or understanding of the healthcare system and their rights, along with language barriers as reasons for not pursuing conventional healthcare routes, the PA said. The MdM report notes: "In London, almost all patients (82.7%) had no access to the NHS at all...

New Immigration Bill set to tackle illegal working and extend “deport first, appeal later” to all non-asylum appeals

David Cameron has today made a speech at the Home Office in London announcing a new Immigration Bill to be included in next week's Queen's Speech. The Prime Minister's Office says the Bill will set forth a 'whole of government' approach to clamp down on illegal immigration. Tackling illegal workers is set to be central to the Bill. Under the Bill, police will be given powers to seize the wages of anyone employed unlawfully, as the Bill proposes a new criminal offence of illegal working. The offence of illegal working will apply to migrants who have entered the country illegally and also those who came to the country legally but are in breach of their conditions or have overstayed. Cameron said: "Dealing with those who shouldn't be here. That starts with making Britain a less attractive place to come and work illegally. The truth is it has been too easy to work illegally and employ illegal workers here." "So we'll take a radical step – we'll make illegal working a criminal offence in its own right. That means wages paid to illegal migrants will be seized as proceeds of crime… and businesses will be told when their workers' visas expire… so if...

Partner visas minimum income requirement – Immigration advice

The BritCits blog reports today that the Supreme Court has granted permission to hear the appeal in the case of MM and Others on the minimum income requirement for partner visas in the Immigration Rules. The case of MM and Others first came before the High Court in 2013 and Justice Blake concluded that while the Immigration Rules were not unlawful, the earnings threshold would amount to a disproportionate interference with family life if combined with one of the four other requirements in the Rules. Last July, the Court of Appeal allowed the Secretary of State's appeal against that judgment and found that the £18,600 minimum income requirement for partner visas was "justified". According to BritCits, the Supreme Court will now hear the case with MM as the lead appeal, with the other cases to only deal with the points that MM has not dealt with. The date of the hearing is still to be confirmed, though BritCits says it is unlikely to be before autumn. For more on the financial (minimum income) requirement for partner visas, you can read a comprehensive March 2014 House of Commons Library Standard Note here and a July 2014 update here. Various migrants' rights groups are campaigning against the financial requirement, which they...

Right of appeal removed following changes on 6th April 2015

The Immigration Act 2014 (The Act) explains the operation of the immigration appeals system as found in Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended by Part 2 of The Act. The Act introduced fundamental changes to the appeal process. The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):- (i) refuses a human rights claim; (ii) refuses a protection claim, namely a claim for refugee or humanitarian protection status; (iii) revokes protection status, namely refugee or humanitarian protection status; Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a right of appeal. It may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred. If a person has made an application to enter or remain in the United Kingdom (UK), has made a protection claim, or a human rights claim, or a decision to remove or deport has been made, the person may be...

Financial Requirement – Change in Family Migration

Since 9 July 2012, the Immigration Rules have contained a financial requirement to be met by a person applying for entry clearance to, leave to remain in or indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is: a British Citizen; or present and settled in the UK; or in the UK with refugee leave or humanitarian protection. Since 1 December 2013, the Immigration Rules in Appendix Armed Forces have also contained a financial requirement to be met by a person applying for entry clearance to, leave to remain in or indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person (British or foreign or Commonwealth) who is a member of HM Forces (as defined in paragraph 2(d) of Appendix Armed Forces). The lawfulness of the minimum income threshold under the financial requirement was upheld by the Court of Appeal in its 11 July 2014 judgment in MM & Others [2014] EWCA Civ 985. From 28 July 2014, section 19 of the Immigration Act 2014 reinforces the public interest under Article 8 of the European Convention on Human Rights (right to respect for private and family life) in the financial independence of...

Limiting the number of visas available to skilled workers

Standard Note: SN/HA/5829 Last updated: 24 March 2015 Author: Melanie Gower Section: Home Affairs Section This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public. ---------- David Cameron described the Government's immigration policy objective as "good immigration, not mass immigration." The Government wanted to attract the 'brightest and best' migrants who were deemed most beneficial to the UK. It also wanted to reduce overall net migration levels from the hundreds of thousands to tens of thousands by the end of the 2010 -...