Wednesday, 27 September 2017 16:07

Notable Cases

A few notable cases by Fadi Farhat

PC (Colombia) v SSHD [2016], Court of Appeal: a case involving a broad assessment as to section 55 of the BCIA 2009 and the approach to take in relation to overstayer parents of British children

FS (Philippines) v SSHD [2016], Court of Appeal: a case involving the issue as to when Article 8’s family life scope can be engaged between individuals not sharing a biological relationship  

AD (Iran) v SSHD [2016], Court of Appeal: an intriguing case on the notion of ‘Exceptional Cases’ relating to a Tier 1 (Entrepreneur) who, following a grant of entry clearance in that capacity, could not fulfil the requirements of the Rules due to being remanded in custody for numerous months before being released without charge and, therefore, not being able to fulfil the requirements of the Rule through no fault of his own as a result of factors beyond the appellant’s control  

UK v SSHD [2016], Court of Appeal: case on the retrospective application of the Genuine Entrepreneur Test in a Tier 1 (Entrepreneur) extension application

Anonymous v SSHD [2016], High Court, QBD: a case to challenge the revocation of a sponsor licence in respect of a large restaurant chain involving the key question as to whether one’s job description in the CoS matched the tasks carried out and the approach to take in such cases as to the intensity of review on public law grounds

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