The Upper Tribunal’s decision on interpretation of Paragraph 47 of the Immigration Rules

The Upper Tribunal’s decision on interpretation of Paragraph 47 of the Immigration Rules


CategoryNews Author Zane Malik Date

The Upper Tribunal gives in judgment in R (Ye) v Secretary of State for the Home Department.

The Upper Tribunal’s judgment deals with Paragraph 47 of Appendix A to the Immigration Rules, which prohibits investment for the purposes of Tier 1 (Entrepreneur) category of the Points Based System in the Immigration Rules in “any residential accommodation, property development or property management”. In dismissing the Judicial Review claim, the Upper Tribunal held that the Secretary of State lawfully concluded that the Applicant was not entitled to points for the investment in the United Kingdom because the business was involved in property management.

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

The Upper Tribunal’s judgment is available here.


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