
Criminality, Non Conducive Grounds & Suitability Requirements in Immigration Applications
Speaker:Â Amanda Jones
Date:Â Spring 2025
CRIMINAL
Amanda is a specialist in immigration and public law. She has advised and appeared in numerous immigration matters in the Court of Appeal, and in the Administrative Court on appeals, judicial review and injunctions. Amanda is instructed in asylum cases and also deals with entry clearance work, including the points-based system, visitors, and family reunion, deportation appeals in relation to criminal convictions or alleged terrorist connections, and cases in which a threat to national security is alleged.
Amanda describes the "non-conducive grounds" for refusal under the UK Immigration Rules, referring to situations where an individual’s presence in the UK is deemed not conducive to the public good. She outlines the decision-making process and Criminality Grounds in the Immigration Rules.
Key words/topics
Non-conducive grounds
Public interest/good
Suitability requirements
Part 9 of the Immigration Rules
The Home Office Guidance on Suitability: Non-Conducive Grounds January 2024
Broad discretion
Burden/standard of proof
Appendix FM, Appendix Ukraine Scheme, and Electronic Travel Authorisation (ETA) applications
Balajigari v SSHDÂ [2019] EWCA Civ 673
Criminality Grounds in the Immigration Rules
Human rights
Flora is known for her unique work on the Post Office appeals and the Post Office Horizon IT Inquiry. Flora is presenting from the position of Junior Counsel in what is said to be the most significant miscarriage of justice today, providing key take away lessons for criminal lawyers. She begins by outlining how to determine who has the burden of proof, before moving on to discuss key considerations when advising on a plea. She refers to excerpts from the The Post Office Horizon IT Inquiry to demonstrate this.
Key words/topics
Post Office appeals
The Post Office Horizon IT Inquiry
The burden of proof
Credit for a guilty plea
Advising on a plea
Affront to the public conscience
A fair trial
Malicious prosecution
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