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News

Matt Jackson appears in Supreme Court

The Supreme Court heard the case of Royal Mail Group Ltd v Jhuti on 12th and 13th June 2019. Matt Jackson was junior counsel for the Appellant (Ms Jhuti) led by Seán Jones QC. The case related to the law of attribution, and when, in the context of unfair dismissal, an employee’s motivations are attributed…

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Amarjit Seehra Successful in Judicial Review challenge against the Secretary of State for the Home Department’s decision

The Secretary of State’s decision was quashed where he failed to grant a Tier 1 Applicant indefinite leave to remain outside of the rules based upon the exceptional circumstances. The decision was held to be procedurally unfair and the Secretary of State applied the wrong test for exceptionality.

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Amarjit Seehra granted permission to appeal to the Court of Appeal

The Court of Appeal has granted permission to appeal on a point of principle. Following the Supreme Court decision in Rhuppiah v SSHD [2018] UKSC 58, the Court is to reassess the extent of flexibility and approach in Article 8 cases where the Appellant has precarious immigration status. The Court also considered there were compelling…

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Success in asking for costs in the First-tier Tribunal

In a direct access case where an application for leave to remain by parents and their teenage child who had been here for more than 7 years was initially refused and then granted just before the appeal Jonathan Martin assisted the family to make a costs application to the Court. The Home Office response was to…

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Permission to apply for JR  in a domestic violence case

Jonathan Martin, instructed by Nag Law, was granted permission to seek Judicial Review for a male applicant who had applied for Indefinite Leave to Remain on the basis that his marriage had broken down owing to his partner’s violence. It was found to be arguable that the Home Office had taken an overly restrictive view…

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Post-Brexit arrangements for EU, EEA, Swiss, and Turkish nationals

The ultimate outcome of the negotiations surrounding the UK’s departure from the EU is still unclear. However, as things currently stand, it is the government’s intention that the current free movement rights will cease at some point on or around 31 December 2020. There are a number of persons who can apply after this cut-off…

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Temporary Worker Pilot Scheme

This is a trial scheme for a limited number of non-EU workers seeking short term employment in various agricultural industries. This is currently a very limited pilot confined to 2,500 applicants, and at the date of writing it appears that most or all of the places have been filled (but there will be plenty of…

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Appendix W of the immigration rules: a review by Robert Parkin

Appendix W, introduced at the end of March 2019, creates two entirely new categories for leave to enter or remain in the UK to work. They are collectively known as “Workers” and, though it will not necessarily be easy to apply under, this may be very attractive to a number of applicants who can no…

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