Court Of Appeal Underlines that Unfair Decisions will be Set Aside, Whilst Expanding the Jurisdiction of the First Tier Tribunal

Those who deal regularly with the UK Border Agency will sadly be accustomed to receiving unfair decisions, which can have a devastating impact upon the lives of their clients, no matter how blameless they may be. Sometimes UKBA act in a manner that is designed to avoid an appeal against the decision until the applicant has returned overseas. What remedies are available in these circumstances?

The Court of Appeal has considered these questions in an important judgment: Anwar and Others V Secretary of State for the Home Department [2010] EWCA Civ 1275. Duncan Lewis acted for the second Appellant of three. This article considers the implications for appeals to the Tribunal and other remedies.

The Background facts:

In two of the cases the Appellants were foreign national students; fee- payers who effectively subsidise higher education for British students. In both cases they were initially studying at Colleges that were 'approved' by UKBA – i.e. on the register of training and education providers (which is now a requirement for leave as a student). In both cases the colleges which they attended were later removed from the register, and they commenced studies at other colleges in consequence. In both cases the UKBA later took a decision to remove them from the UK on the basis that they had obtained their leave to remain in the UK by deception.

It should be noted that in the case of Ms. Pengeyo she had herself contacted UKBA...