As a direct access immigration barrister I have been heavily involved with the ongoing challenges to the Secretary of State’s decision to refuse Applicants on the basis of 322 5 on the basis that a. the wrong law has been applied, and that the correct law that should be applied is that of paragraph 322 1 of the Immigration Rules HC395 and also on the factual basis that individuals should not be penalised for the faults of their, usually, previous accountants.
As a side issue, those who do not have a right of appeal and who have lost their Administrative Review lose their right to work with often crushing circumstances for the individual.
Recently, I obtained permission to work for an individual by lodging an interim application to the Upper Tribunal which lead to directions being given to make an express request for the right to work. I complied with the directions but with no real hope that we would succeed.
It was therefore with some surprise that the Home Office varied the client’s leave and that of their dependant.
Recently, I have been heavily working with the Highly Skilled Migrant group and was involved in an application for interim relief at the Court of Appeal for the right to work and had prepared the application. I have heard today that the Court of Appeal have granted the right to work in this particular case given that the Court of Appeal are not due to hear the test cases until January 2019.
In my view that the Court of Appeal (LJ Irwin) have granted the right to work and following on from the earlier request for the right to work it seems that there is scope to mount challenges to those who have applications pending.
I am waiting for the transcript and will write further having seen it. This is clearly good news and must offer at least some hope to those who are caught in the invidious position of not being able to work but who have families and children.
If you or a member of your family have an immigration problem or in particular have fallen foul of the Secretary of State’s apparent blanket policy of refusing applications under paragraph 322 5 of the Immigration Rules then please feel free to get in touch with either me or anyone of the experts at Imperium Chambers (including Jay Gajjar and Ms Kareesha Turner) on 020 7242 3488.
Paul Turner is a well regarded direct access immigration barrister who is the head of Imperium Chambers, a specialist immigration, he is licensed by the Bar Council to provide direct legal advice to the public as well as taking instructions from solicitors.