As a direct access immigration barrister based in London and part of the Imperium Team I have been heavily involved with the Highly Skilled Migrant Group and recently had a very good week which culminated in a surprising result.
I had a client come to me with the usual generic Tier 1 Highly Skilled Migrant refusal where they had effectively alleged dishonesty.
The refusal was plainly flawed. However, as with all Judicial Review cases, they are harder to win, than those where the individual has a statutory appeal, a distinction which I understand by virtue of the Rules but consider is a little harsh on individuals who are essentially in the same position.
In this case, as with all cases, I ensured that the evidence was as together as it could be, by virtue of a proper explanation as to the innocence of the Applicant and that the effect of refusal and removal would be unlawful or at the very least disproportionate.
It was therefore with some surprise that the Acknowledgment of Service / Summary Defence came with a consent order and an offer to pay costs. This usually is accompanied by an undertaking to review the decision. This is normally as good a result as one gets.
However the basis of the withdrawal of the Judicial Review and offer to pay costs was made conditional on the re-instating of his Tier 1 Highly Skilled leave. This has been the first time that I have experienced a complete capitulation on the behalf of the Secretary of State.
Again, what assisted greatly was that the client was able to provide an explanation and that the legal argument and case was prepared in such a way as made it clear, at least to the GLD, that there was no dishonesty.
Again as the 322 5 cases continue to be litigated I would continue to advise that anyone who has such a case ensures that any case is properly prepared and advanced as fully as possible, there is nothing worse than having grounds of review that are overlong and unreadable. 322 5 cases are simple and should be capable of being explained simply for best effect.
If you or a family member has been affected by paragraph 322 5 or indeed any other immigration matter please do not hesitate to get in touch with me or any one of the excellent team at Imperium Chambers.
Paul Turner is a highly regarded direct access immigration barrister licensed by the BSB to provide legal advice and representation to the public. He is also head of Imperium Chambers. Please feel free to call or email at any time on 020 7242 3488.