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…
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…
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…
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…
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…
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…
Maria Gherman has, unusually, been granted permission to bring Judicial Review proceedings twice in the same case. The Applicant, FF, applied for entry clearance as Tier 1 Entrepreneur Migrant under the points-based system; his application was refused under §245DB(f) of the Immigration Rules, as the entry clearance officer did not believe that the Claimant was…
James Bogle, senior civil practitioner at 10 Kings Bench Walk, successfully obtained a non-disparagement and non-interference injunction in the Queen’s Bench Division of the High Court. Normally a difficult type of injunction order to obtain, not least because of the effect of s.12 of the Human Rights Act 1998, and Article 10 of the European…