Skip to content
Search

Latest Stories

Three Indians and a Pakistani win UK Court of Appeal case over right to settle

A GROUP of Indian and Pakistani professionals on Tuesday (16) won their court appeal against the British government's decision to reject their right to settle in the UK over a controversial national security clause.

The four applicants, three of whom are Indian and one Pakistani, were refused their Indefinite Leave to Remain (ILR) in the UK under a skilled visa category over perceived dishonesty in reporting their earnings to HMRC.


Their cases were combined for the purpose of the hearing at the Royal Courts of Justice in London, which ruled against home secretary Sajid Javid and found his approach was "legally flawed" to apply paragraph 322(5) of the immigration rules related to conduct and character.

“The formal result is that each of these four appeals will be allowed,” concluded the judgment handed down by Lord Justice Underhill, Lord Justice Hickinbottom and Lord Justice Singh.

“The approach taken by (Javid) in deciding to refuse the applications for leave to remain in each of these cases on paragraph 322 (5) grounds – which we take to have been his general approach in all earnings discrepancy cases – was legally flawed," the judgment noted.

The judges concluded that the Home Office proceeded directly from finding discrepancies in reported earnings by the applicants to a decision that they were the result of dishonesty, without giving the applicants an opportunity to "proffer an innocent explanation".

They lay out a number of procedural directions, which are likely to impact other similar cases in future.

"It is a big relief, but it has been a very long and difficult journey," said Ashish Balajigari, from Hyderabad in south India. His application for ILR must now be reassessed after the court found that he had not been given "an opportunity to make representations" in response to an allegation that he had "acted dishonestly" over what he had submitted was a rectified accountant error.

The case of another Indian professional, Somnath Majumder, was found to have been "plainly flawed" and a "clear breach of the duty of procedural fairness by the Secretary of State".

Majumder, who is believed to have since returned to India, had the refusal of his settlement right in the UK “quashed”.

Fellow Indian national Avais Kawos and his wife and children will also be among those whose case must be reconsidered, alongside the case of Pakistani national Amor Albert.

The test case follows months of legal wrangles faced by professionals, largely from south Asia, who were entitled to apply for Indefinite Leave to Remain (ILR) after a minimum of five years’ lawful residency in the UK.

Legal experts noted a pattern of many such applications being turned down by Home Office caseworkers citing clause 322(5) of the UK Immigration Act, a discretionary rule aimed at denying convicted criminals and terrorists the right to live in the UK.

The Home Office questioned the “good character” of these professionals over apparent differences in their declared earnings to the UK tax department and the Home Office in order to make up the required income-related points on their settlement application.

The Court of Appeal judgment said the Home Office must also consider whether any such “dishonesty” renders the presence of the applicant in the UK undesirable or whether there are other factors which outweigh the presumption in favour of removal and admits that human rights factors would also come into play in such cases.

A Home Office spokesperson said that the department would consider the judgment and its response to it “carefully”.

"The Court agreed that the use of paragraph 322(5) is appropriate in these types of cases and that we are right to expect a full and convincing explanation from people when there are discrepancies in their tax records and immigration applications," the spokesperson said.

The issue had also led to a Home Office review last year, with the government admitting errors were made in denying some professionals the right to live and work in the UK over the controversial clause. However, it has maintained the overall use of paragraph 322(5) falls within policy guidelines.

(PTI)

More For You

starmer-immigration

Speaking at the Organised Immigration Crime Summit, Starmer said the government is working to restore order to the immigration system.

UK returns 24,000 illegal migrants since July, highest in eight years

THE UK government has returned over 24,000 individuals with no legal right to remain in the country since July, marking the highest rate of removals in eight years, prime minister Keir Starmer said on Monday.

Speaking at the Organised Immigration Crime Summit, Starmer said the government is working to restore order to the immigration system.

Keep ReadingShow less
'Aga Khan dedicated his life to service, peace, and pluralism'

Commonwealth secretary general Baroness Patricia Scotlan speaks at an Iftar dinner held at the Ismaili Centre in London (Photo: The Ismaili National Council for the United Kingdom)

'Aga Khan dedicated his life to service, peace, and pluralism'

COMMONWEALTH chief has paid tribute to the late Prince Karim Aga Khan, describing him as a visionary leader whose lifelong dedication to service, peace, and pluralism has left a lasting impact on the world.

Speaking at an Iftar dinner held at the Ismaili Centre in London last Wednesday (26), Commonwealth secretary general Baroness Patricia Scotland reflected on her personal connection with the Aga Khan, recalling their meetings during Commonwealth Day celebrations at Westminster Abbey.

Keep ReadingShow less
Starmer-Trump-Getty

Trump has suggested the possibility of a 'great' trade deal that could help the UK mitigate the impact of tariffs he has pledged to introduce. (Photo: Getty Images)

Starmer, Trump talk trade deal progress in 'productive' discussion

KEIR STARMER and Donald Trump spoke on Sunday about ongoing UK-US trade negotiations, with Downing Street describing the talks as "productive."

Since leaving the European Union, the UK has been working to secure a trade agreement with the United States. Successive British governments have pursued a deal, but it has remained elusive.

Keep ReadingShow less
Myanmar-quake-rescue-Reuters

Rescuers carry the body of a victim during search and rescue operations, following a strong earthquake, in Bangkok, Thailand, March 30. (Photo: Reuters)

Myanmar earthquake death toll rises to 1,700, UK pledges £10m in aid

RESCUE efforts continued in Myanmar as residents searched for survivors in collapsed buildings in Mandalay, two days after a 7.7-magnitude earthquake struck the country. The disaster has killed at least 1,700 people in Myanmar and 17 in neighbouring Thailand.

The quake hit near Mandalay on Friday afternoon, followed minutes later by a 6.7-magnitude aftershock. The tremors caused widespread destruction, damaging buildings, bridges, and roads in the city of more than 1.7 million people.

Keep ReadingShow less
Andrew Tate Sued by Ex-Girlfriend Brianna Stern Over Sexual Assault Allegations

Tate’s attorney, Joseph McBride, has dismissed the lawsuit

Getty

Andrew Tate faces sexual assault lawsuit from ex-girlfriend Brianna Stern

Social media personality Andrew Tate is facing a new lawsuit from his ex-girlfriend, Brianna Stern, who has accused him of sexual assault, battery, and gender violence. The lawsuit, filed in Los Angeles, details allegations of abuse and an incident that allegedly took place at The Beverly Hills Hotel on 11 March 2025.

Allegations in the lawsuit

According to the legal complaint, Stern claims that Tate initially appeared as a "dream come true" but later became emotionally and physically abusive. The lawsuit describes a violent encounter at the hotel, where she alleges Tate physically assaulted and threatened her.

Keep ReadingShow less