Chengetai has a busy practice and regularly appears in the First-tier Tribunal (“FTT”) and Upper Tribunal of the Immigration and Asylum Chamber, County Court, Crown Court and Magistrates’ Courts. Chengetai’s public law practice primarily involves judicial reviews of immigration decisions, unlawful detention, nationality and long residence matters. He is regularly instructed in urgent applications seeking injunctive relief against removal. Chengetai’s immigration tribunal work consists of asylum, human rights, deportation, detention, citizenship/nationality, work visas, student visas, family reunion, entry clearance cases etc.

 In this presentation, Chengetai focuses on how to deal with entry clearance applications by health and care workers on the grounds of deception, sole responsibility and family and other circumstances in practice. He explains how these applications do not attract a right of appeal, and instead Administrative Review and/or Judicial Review are suitable remedies and outlines these processes. He provides references for relevant case law.

Key words/topics

Entry clearance applications

Health and care worker visas

Deception

Sole responsibility

Compelling circumstances

AR2.11 of Appendix Administrative Review of the Immigration Rules

Pre-Action Protocol

Acknowledgment of Service

Shen (Paper appeals; proving dishonesty) [2014] UKUT 00236 (IAC)

Adedoyin [2010] EWCA Civ 773

NA & Others (Cambridge College of Learning) Pakistan [2009] UKAIT 00031,

Ahmed (general grounds of refusal – material non disclosure) [2011] UKUT 351 

TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049

297(i)(f) of the Immigration Rules

Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88(IAC)

s.55 UK Borders Act 2009

UN Convention on the Rights of the Child