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Immigration – Leave to remain – Appeal. Court of Session: Refusing an appeal by five Pakistani citizens, a principal applicant, who sought leave to remain in the UK as a tier 1 (entrepreneur) migrant, and her husband and three children, whose application was refused on the basis that she had not complied with the requirement to show access to at least £200,000 for the purpose of investing in a business in UK, and whose appeals were refused by the First-tier Tribunal and the Upper Tribunal, the court held that the necessary letter from the bank confirming that the funds in her husband's account were available to the first appellant was missing, there was nothing to suggest that the husband had placed the funds under his wife's control, and in those circumstances common sense, humanity, or 'a modicum of intelligence' did not require a different approach from that taken by the Secretary of State.
Immigration – Leave to remain – Appeal. Court of Session: Refusing an appeal by five Pakistani citizens, a principal applicant, who sought leave to remain in the UK as a tier 1 (entrepreneur) migrant, and her husband and three children, whose application was refused on the basis that she had not complied with the requirement to show access to at least £200,000 for the purpose of investing in a business in UK, and whose appeals were refused by the First-tier Tribunal and the Upper Tribunal, the court held that the necessary letter from the bank confirming that the funds in her husband's account were available to the first appellant was missing, there was nothing to suggest that the husband had placed the funds under his wife's control, and in those circumstances common sense, humanity, or 'a modicum of intelligence' did not require a different approach from that taken by the Secretary of State.
The Chair of the Bar reports back
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