The SoS throws in the towel in 322(5) cases.The SoS has abandoned his application for permission to appeal to the Supreme Court from the groundbreaking judgment in Balajigari and Ors. v. SSHD.
Darryl Balroop appeared for the Appellant in Shah and Patel-v-SSHD in the Supreme Courton the interpretation of 15A(4A) EEA Regs 2006 (Derivative Right) in light of Chavez-Vilchez. Will keep you updated…
Congratulations to Trevor Drury who has been elected to the Western Counties Chartered Institute of Arbitrators Committee and made Vice Chairman at the AGM this week.
Balajigari and Ors v. Secretary of State for the Home Department  EWCA Civ 673In what has been called a “blockbuster” judgment the Court of Appeal allowed 4 appeals concerning decisions to refuse applications for indefinite leave to remain using the controversial paragraph 322(5) of the Immigration Rules on the basis of tax discrepancies. It […]
MS (Malaysia)  EWCA Civ 580 the Court of Appeal upheld the decision of the Upper Tribunal that MS, an adult “Zambrano carer”, must be allowed to remain in the UK to ensure the substance of her elderly mother’s EU law rights are not undermined. The case is important in showing that adult Zambrano carers can succeed in establishing their entitlement to stay […]
Williams-v-SSHD: The Upper Tribunal allowed this substantive “Rule 322(5)/HMRC” Judicial Review, where it was alleged that the Applicant failed to pay tax on £165,355.00 on time. Zane Malik I appeared for the Applicant. Judgment is here: tinyurl.com/yd6jehjj
The High Court hand downs the judgment in Matthews v Secretary of State for the Home Department  EWHC 2026 (Admin) and finds, after a fact-finding Judicial Review, that a person claiming to be a British Citizen born in the United Kingdom in 1976 was not, in fact, that person and was not a British Citizen. Zane Malik appeared for the Secretary of State for the Home Department.
Revolutionary outcome in lead ETS appeals: SoS agrees fair procedure for challenging allegations of TOEIC fraud. Michael Biggs appeared for the appellant Mr.
The High Court gives its judgment in R (Teh) v Secretary for the Home Department  EWHC 1586 (Admin) on British Overseas Citizens who renounced their Malaysian citizenship in the mistaken belief that this would make them eligible for full British Citizenship and settlement in the United Kingdom, and admissibility of such individuals to Malaysia […]
The Supreme Court has granted permission to appeal from Patal & Shah v SSHD  EWCA Civ 2028 (Re: difference between “compulsion” and “choice” in derivative claims for residence based upon the care for “direct relatives” of British citizens). Zane Malik represents the appellant. http://www.bailii.org/ew/cases/EWCA/Civ/2017/2028.html.