UTIAC Judicial decision-makers should be careful to identify and reject arguments based on an alleged near-miss, which, on proper analysis, are an attempt to import extraneous qualifications into the immigration rules. The Article 8 proportionality balancing exercise is unlikely to be properly conducted if the judge has, in effect, substituted his or her own view of what the rules should say.
The requirement in paragraph 116 of Appendix A to the rules, that a Confirmation for Acceptance of Studies must be issued not more than 6 months before the application for leave is made, is not met by a letter issued after the application has been made.
Judges:
Lord Bannatyne, Lane SIJ
Citations:
[2010] UKUT 481 (IAC), [2011] Imm AR 351
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Secretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 19 September 2022; Ref: scu.444077
