Immigration Law & Conveyancing

Archive for the Case Law Updates Category

Case for unrepresented appellants – need for the chance for a fair hearing

  R (on the application of Saboun) v Secretary of State for the Home Department IJR (2015) UKUT 269 (IAC) Summary This is an Upper Tribunal Judicial Review determination. It was decided that in an earlier hearing of the claimant’s appeal the Immigration Judge did not make sure that the claimant , who was a litigant in person (meaning a person with no representative) properly understood the case against her or had an opportunituy to […]

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‘Genuine’ student case

R (on the application of Mushtaq) v Entry Clearance Officer of Islamabad, Pakistan (ECO- procedural unfairness) IJR (2015) UKUT 224 (IAC) Summary This is a good case for you if you are a student and want to challenge a negative decision by the Home Office. It is a Judicial Review case regarding an Entry Clearance Officer’s decision to refuse a Tier 4 (General) student visa application. Given there is no right of appeal against refusal […]

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Conditional Discharge in a Criminal case is NOT a conviction in an Immigration matter

A case that came out in May 2014 but one that I think is worth mentioning to you all. The case of Omenma (Conditional Discharge – not a conviction of an offence) 2014 UKUT 314 IAC. This is an important case and worth knowing becuase it says that the effect of 14(1) of the Powers of Criminal Courts (Sentencing Act 2000), is that a person who has receivd an Absolute or Conditional discharge does not […]

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SRA No. 438620

Haq Solicitors are solicitors of England and Wales authorised and regulated by the Solicitors Regulation Authority SRA No. 438620 and governed by the SRA Standards and Regulations. Details can be found at www.sra.org.uk . Partners M.T. Haq LLM & A.T. Haq LLB (Hons).

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