The Upper Tribunal dismisses Tier 1 (Investor) Migrants Judicial Review

The Upper Tribunal dismisses Tier 1 (Investor) Migrants Judicial Review


CategoryNews Author Zane Malik Date

The Upper Tribunal reports its judgment in R (on the application of JW and Others) v Secretary of State for the Home Department (Tier 1 Investor; control; investments) [2019] UKUT 00393 (IAC).

The Upper Tribunal, by this judgment, dismisses the Judicial Review claims advanced by Tier 1 (Investor) Migrants and their family members. Tier 1 (Investor) scheme allows foreign nationals who want to invest £2,000,000 or more to come and settle in the United Kingdom.

The Upper Tribunal gave the following guidance on the issues of law:

  1. The meaning of ‘control’ in paragraph 245ED(e) and in Appendix A (specifically in Table 8B and 9B) of the Immigration Rules is to be interpreted in accordance with its natural and ordinary meaning, namely that a person has the authority to manage and/or direct the use of the money, asset or investment (depending on the context). It includes not just a question of legal or beneficial ownership but includes an element of choice of use. The money must be under a person’s control at the point of investment.
  2. To determine whether a person has the requisite control, it is necessary to look at all of the facts and circumstances of the case and with reference to the overriding requirement in paragraph 245ED(e) of the Immigration Rules (at least for the purposes of an application for further leave to remain as a Tier 1 (Investor) Migrant) that the “assets and investment he is claiming points for must be wholly under his control”.
  3. The terms listed in paragraph 65(b) of Appendix A to the Immigration Rules are not to be interpreted by reference to statutory definitions outside of the Immigration Rules but in accordance with the ordinary rules of interpretation applicable to the Immigration Rules, the terms bearing their ordinary and natural meaning.

The Upper Tribunal held that the Secretary of State for the Home Department acted lawfully in refusing the applications made by the Tier 1 (Investor) Migrants and their family members.

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

The Upper Tribunal’s judgment is here


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