Chengetai Mupara

Barrister

Great James Street Chambers

 

Chengetai Mupara – Case Preparation

 

Draft Chronology

• Years spent living in the UK

• Years spent outside the UK

• Procedural history

• Date of application

• Date of refusal

• Date of service of PAP

• Date/deadline for PAP response

• Deadline for judicial review

 

Taking Instructions

A Few Tips

#Tip: Use the online application as a data capturing tool

#Tip: Validity issues. Paper applications change several times a year. The online application form does not expire.

#Tip: You are in control of events, facts and evidence before you submit the application. Make it count. Once application has been submitted you lose all control.

 

Weak Points

Identify potential problems with the application.

• Suitability

• The very large age gap

• The client is an over-stayer

• Potential involvement in a sham marriage

• The relationship is very new and it developed at a rapid pace

• The Home Office will suggest applying for entry clearance from abroad

 

Strong Points

Identify the strong points

• New relationship

• Parties over 18

• The parties are married.

• Minimum Income Threshold is met

• Accommodation requirements are met

 

Evidence Gathering

There is a requirement to provide evidence in Art 8 cases.

#Tip: consult Appendix Specified Evidence

#Tip: design a standard Witness Statement for each type of application.

#Tip: deal with every single requirement. Set out how it is met. Identify the evidence in support.

 

Suitability

Spent and unspent convictions, warning, caution to be declared on application form.

#Tip: If your client has no criminal convictions, cautions or warnings let the Home Office know about. Some clients have very little else going for them.

 

Eligibility #Tip: Address ALL relevant eligibility points even if it is obvious.

Immigration status - this is a common reason for refusal.

#Tip: there is no point in avoiding the issue. Address is and set out how EX.1 applies.

 

Relationship Requirements

#Tip: Do not assume that it is obvious to everyone that your client and their partner love each other dearly. It is not so obvious to everyone.

#Tip: The client should refrain from saying, “my husband and I are in a genuine and subsisting relationship”. People do not speak like that generally. It will sound as if it is the lawyer’s statement and not the client’s evidence.

 

Financial Requirements

Minimum Income Threshold

#Tip: Do the maths! Even if you think it’s obvious to you. You may need to rely on Gen Excep. 3.1.

#Tip: Use best evidence such as P60, HMRC records/docs. Not all bank statements are necessary.

 

Accommodation

Proof of rent/ownership and size of property. Evidence available online.

Tip: describe the property, and the number of people living in it. Saying that there will not be a breach of the Housing Act 1985 is best left to your legal representations.

 

Legal Representations

This is your opportunity to shine but don’t get carried away. Stay focused.

#Tip: Identify the relevant rule even if you think its too obvious.

#Tip: Identify each requirement of the rule.

#Tip: Say how your client meets each rule.

#Tip: Identify which requirement your client does not meet and the evidence that they are unable to submit. Provide reasons, solutions, mitigation and explanations.

 

Proportionality

The correct test outside the rules is not exceptional circumstances. It is proportionality per GM (Sri Lanka) [2019] EWCA Civ 1630, 2019 WL 04889118.

 

 

Slide 14

There are no limit to factors to be considered outside the rules:

 

Slide 15

List all relevant factors.

• The Applicant arrived in the UK as a child

• The Applicant last lived in country of origin as a child

• The Applicant was educated in the UK

• The Applicant will not be a burden on the state

• The parties cohabit

 

You can contact Chengetai Mupara via his clerks on [email protected]