As a direct access barrister it is wrong to come across a case where the HO climb down at the last moment where the evidence was always before the HO.
In this case the HO had alleged that my client had used a company that was set up solely to inflate Tier 1 migrants incomes. There was a great deal of analysis and anyone who had previously – even years ago – used this firm were coming unstuck.
This was the case here. The SSHD in refusing my clients case said that he had claimed points for using this company and earnings from this company.
There was only one small problem with this viewpoint. My client had never used this company to claim points. He had done one piece of work, found them a little dodgy and did not rely on the one piece of work in the claiming of his points.
In his Tier 1 application form and in the letter granting him status there was no reference to this company, it was only when he was asking for ILR years later that he was tarred with this brush.
It took two hearings before the UT – before the matter settled. Indeed the SSHD tried to avoid the second hearing by way of a consent order but it did not reach the Judge in time.
It would have been a strange hearing, especially as at the original hearing I had been given permission to argue this point for the SoS to argue that I was wrong.
In any event, it was a good result. The moral of this story is that all the relevant papers should have been submitted at the outset and not just before the hearing, this being a case that came to me later, though not thankfully too late to get a good result for the client who I am reasonably confident will get the status to which he is entitled to.
Again I cannot stress enough how important it is to submit all the relevant paperwork right at the beginning of the case. A harsher Judge and we might not have got the adjournment nor the permission to amend.
If you or a family member is facing a refusal, particularly given the removal of the right of appeal in a lot of cases it its vital that the correct documents are submitted with the correct legal submissions as early as possible.
If you are looking for an appointment, my team and I are offering a few Saturday slots and late evening slots.
Paul Turner is a highly regarded direct access immigration barrister and is the head of Imperium Chambers, Grays Inn Buildings, Grays Inn, WC1r 5ET, he also practises from Goldsmith Chambers, the chambers of Anthony Metzer QC and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to litigate and to provide advice and representation directly to the public.