subject: Pankina judgement- Yet another amended policy guidance [print this page] Pankina judgement- Yet another amended policy guidance
This announcement is of particular interest to all applicants under the points-based system who received a refusal of their application as a result of not meeting the maintenance requirements. In accordance with the judgement in the case of Pankina ( the Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719), the UK Border Agency introduced an amended policy guidance for such applicants. Essentially, this means that if you made an application within a certain time frame, you will be able to ask the UK Border Agency to review the decision to refuse your application.
Notably, for applicants who had previously asked the Home Office to review their decision and were refused as a result of not having valid leave to remain in the UK at the time of requesting the review, the UK Border Agency will automatically review their decision. If however an applicant in this situation does not receive an updated decision by 31 January 2011 they must contact the address shown in the amended policy guidance.
Applicants will have until 22 June 2011 to take advantage of the proposed remedies.
The amended guidance can be found at Tier 1 and should be read carefully. This will replace the guidance published on the UK Border Agency on 23 July 2010. Alternatively please contact us and we will happily advice you on your rights to request a review of the refusal.
At Ergen & Sharif, we can assist you whether you are seeking to make an initial application or switch into a different PBS category or whether you would like to appeal against a negative decision. For a case specific evaluation please book an appointment by contacting us on 0207 569 3035. Alternatively, you can email us at info@ergensharif.co.uk .
