Court of Appeal Judgement on Controversial Paragraph 322(5) Cases
The Court of Appeal has found Home Office stance on applying the controversial use paragraph 322(5) of the Immigration Rules to refuse settlement to migrants as “legally flawed”. The Court of Appeal reviewed 4 linked appeals against the Home Office decision and all 4 appeals were decided against the Home Office with a recommendation of a major overhaul to make refusals under paragraph 322(5) legal. The appellants in each case have challenged decisions made by the Upper Tribunal (Immigration and Asylum Chamber). The Upper Tribunal had upheld decisions by the Home Office to refuse their applications for settlement under the “Points-Based System”. The Home Office refusal in each case was on the basis of paragraph 322 (5) of the Immigration Rules, which applies where it is “undesirable” to permit an applicant to remain in the UK “in the light of his conduct … character or associations or the fact that he represents a threat to national security”. It contended that it had...