SARAH PINDER

Points Based System

SSHD v Pankina & Ors [2010] EWCA Civ 719

Held that Policy Guidance is not binding, only the Imm Rules themselves. Overturns NA and Ors

Otherwise found that the Imm Rules had to be satisfied at the date of the application not at the date of the appeal hearing in PBS cases [§ 38-39].

On Article 8 ECHR:

“The Home Secretary must have regard and give effect to applicants' Convention rights. This will mean in most cases evaluating the extent and quality of their family and private life in the United Kingdom and the implications, both for them and for the United Kingdom, of truncating their careers here.” [§41 onwards]

=> Context of an applicant who falls marginally or momentarily short of a financial criterion which in itself has no meaning

=> SSHD to adopt a common sense approach

Pankina & Beyond

Application of Policy GuidanceEffect on Article 8 ECHR

Application of Policy Guidance

Application of Policy Guidance FA and AA (PBS effect of Pankina) Nigeria [2010] UKUT 304 (IAC) – 23 July 2010

English UK Ltd, R (on the application of) v SSHD [2010] EWHC 1726 (Admin) – 9 July 2010

HM and others (PBS – legitimate expectation – paragraph 245ZX(l)) Malawi [2010] 446 UKUT (IAC) – 23 July 2010

Aleem (Pankina - Uplift for overseas earnings) Sri Lanka [2011] UKUT 00120 (IAC) – 1 February 2011

JA (revocation of registration – Secretary of State’s policy) India [2011] UKUT 52 (IAC) – 12 January 2011

Thakur (PBS decision – common law fairness) Bangladesh [2011] UKUT 00151 (IAC) – 23 March 2011

Post-Pankina: Article 8 ECHR

MB (Article 8 – near miss) Pakistan [2010] UKUT 282 (IAC) – 16 Jul 2010

CDS (PBS: “available”: Article 8) Brazil [2010] UKUT 00305 (IAC) – 23 July 2010

SAB and others (students - serious breach of conditions - Article 8) Ghana [2010] UKUT 441 (IAC) - 23 November 2010

Article 8 ECHR

MiscAdubiri-Gyimah and others (Post-study work – Listed

institution) Ghana [2011] UKUT 00123 (IAC) – 1 February 2011

Useful list of point-based appeals including pre-Pankina here:

http://www.hjt-training.co.uk/blog/post47-9439/pbs-appeals.php

(Thanks to Colin Yeo & HJT blog!)

What happens next...

Caps, caps, caps!!!PM speech – 14.04.2011 UK benefits from

immigration but we need to be selective, ensure that English is spoken well and respect British values...

2 Statements of Changes in Immigration Rules:- 1st in force laid on 16.03.2011 – in force

on 6.04.2011 - relating to Tier1; Tier 2; ILR- 2nd in force laid on 31.03.2011 – in force

on 06.04.2011 & 21.04.2011 – inc. Tier 4