The Court of Appeal dismissed the challenge to the Immigration Rules containing the “bank letter” requirement for entrepreneurs.

The Court of Appeal dismissed the challenge to the Immigration Rules containing the “bank letter” requirement for entrepreneurs.


CategoryNews Author Zane Malik Date

The Court of Appeal hand downs its judgment in R (Muhammad Jalal Junied) v Secretary of State for the Home Department [2019] EWCA Civ 2293.

The key issue before the Court of Appeal was whether the Paragraph 41-SD(c) of Appendix A to the Immigration Rules was arbitrary, unfair and unlawful. That provision requires applicants for leave to remain as a Tier 1 (Entrepreneur) Migrants to provide a “bank letter” containing particular information. The Appellant argued that it was not possible to meet that requirement and, therefore, the Secretary of State for the Home Department acted unlawfully in refusing his application for leave to remain as a Tier 1 (Entrepreneur) Migrant on that basis.

The Court of Appeal dismissed the Appellant’s challenge and held that the “bank letter” requirement in Paragraph 41-SD(c) of Appendix A to the Immigration Rules was lawful. The Court of Appeal also held that it was lawful for the Secretary of State for the Home Department to refuse the Appellant’s application for leave to remain as a Tier 1 (Entrepreneur) Migrant. The Court of Appeal also held that the Secretary of State for the Home Department was not required to exercise any residual discretion.

Zane Malik appeared for the Secretary of State for the Home Department.

The Court of Appeal’s judgment is available here.


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