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UK Border Agency issues new guidance following Pankina judgments | Immigration Matters

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The UK Border Agency has issued new policy guidance following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719.

The guidance affects migrants under all tiers of the points-based system whose applications were refused solely because they failed to meet the maintenance (funds) requirements, and who unsuccessfully applied:

  • from outside the UK between 23 June and 22 July 2010 inclusive; or
  • from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010.

The new policy guidance, which you can download from the UKBA website, explains how these applicants can request a review of their refusal.

Source: UK Border Agency

See also:

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UKBA announce changes to Tier 4 PBS student visa Immigration Rules

English UK win High Court battle over Tier 4 student visas

English language schools to challenge tightening of visa rules by judicial review

Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules

Points Based System appeal case succeeds

IELTS accepted for Canadian migration

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6 Responses to “UK Border Agency issues new guidance following Pankina judgments”
Read them below or add one

  1. […] introduction of Tier 4 of the points based system, which has since faced a raft legal challenges (Pankina, English UK) and judicial reviews against his former department’s decisions, including the […]

  2. It would be really brilliant if Teresa May would also repeal the statutory instrument of 2006 and restore the rights to children of British mothers who seem to have their right of abode distorted by the SI regulation which has attempted to impose control over those persons not subject to control. Under the newest changes even immigrants can evidence their right to work using an expired passport but not those who have the right of abode who are either children of British citizens born before 1983 or British citizens themselves who have dual nationality. The last government put in policies that discriminated against this group simply because they were born of a British mother before 1983 and had a commonwealth father. They UKBA have also used the 2006 act unlawfully by suggesting that a right of abode is persons are subject to immigration control!

    Section 15 of the 2006 explanatory notes state the following:-

    “EMPLOYMENT
    The provisions:
    • create a power for the Secretary of State to apply a civil penalty, determined by a
    Code of Practice, to an employer of an adult subject to immigration control who
    has not been granted leave to enter or remain, whose leave is invalid, has ceased
    to have effect (whether by reason of curtailment, revocation, cancellation,
    passage of time or otherwise) or whose conditions of entry or stay prevent them
    from undertaking the employment.”

    The 2006 Regulation Section 8 states
    8. A certificate of entitlement shall cease to have effect on the expiry of the passport or travel document to which it is affixed.

    The Certificate of Entitlement states the following on it
    “Valid for presentation at a United Kingdom port within the validity of the passport”

    A person who has the right of abode does not lose this right just because their passport expires. The certificate is not a work permit and has nothing that says to that effect and yet contrary to the 1971 primary legislation the UKBA have applied both direct and indirect control over a persons right to work.

    “All those who are in this Act expressed to have the General
    right of abode in the United Kingdom shall be free to live in, principles.
    and to come and go into and from, the United Kingdom without
    let or hindrance except such as may be required under and in
    accordance with this Act to enable their right to be established
    or as may be otherwise lawfully imposed on any person.”

    The UKBA is blatently hindering the rights of such person by using the expiry of their travel document to control such persons right to work.

  3. A.K.M.Soeb says :

    Dear sir,

    I come in the UK 2003 from Bangladesh as a student and continue my studies.But unfortunately in january 2006 I fall in sick and come back to my parents in Bangladesh.after having battle with sickness in May 2006 I come back in the UK to continue my studies but one immigration officer deported me from the Hearthrow Terminal-3 and I appeal at immigration Tribunal aganist his decision and in December 2006 my appeal was allowed by the immigration Tribunal and give the decision that the immigration officer`s decision is against the immigration rules and he beaches the immigration law.After several times I contact with Home office and British High Commission of Banglddesh and after getting lot of stuggle 2008 British High Commission of Bangladesh gave me VISA and I come in the UK in May 2008 and cotinue my course. Successfully complete my course 02.01.2010 I come back Bangladesh.But for that immigration officer`s decision I lost two years time which was very valuable period of my life and for that I have to pay a great value in my future career.I know that I would never get back that lost time that I had to lost for that Immigration Officer`s error decision.So,in March 2009 I claim compensation to the Home Office but they deny my claim.So I become disappointed.

    Please let me know what can I do at this situation.I look forward to hearing from you something.

    Thank you.

    Youes sincerely,
    A.K.M.Soeb
    Bangladesh

  4. […] UKBA outline radical reforms for police and border securityUK Border Agency issues new guidance following Pankina judgments  […]

  5. A.K.M.Soeb says :

    Dear sir,

    I come in the UK 2003 from Bangladesh as a student and continue my studies.But unfortunately in january 2006 I fall in sick and come back to my parents in Bangladesh.after having battle with sickness in May 2006 I come back in the UK to continue my studies but one immigration officer deported me from the Hearthrow Terminal-3 and I appeal at immigration Tribunal aganist his decision and in December 2006 my appeal was allowed by the immigration Tribunal and give the decision that the immigration officer decision against the immigration rules and he beaches the immigration law.After several times I contact with Home office and British High Commission of Banglddesh and after getting lot of stuggle 2008 British High Commission of Bangladesh gave me VISA and I come in the UK and cotinue my course and successfully complete my course and 02.01.2010 I come back Bangladesh.But for that immigration officer`s decision I lost two years time which was very valuable period of my life and for that I have to pay a great value in my future career.So, I claim compensation to the Home Office but they deny my claim.

    Please let me know what can I do at this situation.I look forward to hearing from you something.

    Thank you.

    Youes sincerely,
    A.K.M.Soeb
    Bangladesh

  6. […] UK Border Agency issues new guidance following Pankina judgments […]

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