Consideration of aspects of the Points-Based System (‘PBS’) relating to applications for leave to remain as Tier 1 (Entrepreneur) Migrants. In essence, what is said is that a particular requirement of the scheme, as contained in paragraph 41-SD(c) of Appendix A to the Immigration Rules, has proved impossible of fulfilment by the applicant; that in consequence the decision-making process on the part of the respondent Secretary of State was unfair and unreasonable; and that the decision of the Secretary of State to refuse the applicant further leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant should accordingly be quashed.
Judges:
Lord Justice Davis
Citations:
[2019] EWCA Civ 2293, [2020] WLR(D) 7, [2020] 4 WLR 18
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 01 December 2022; Ref: scu.651073