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Appendix FM Insurmountable Obstacles

Speaker: Priya Solanki
Chambers: One Pump Court

In another bite-size but incisive seminar, Law Friends stalwart Priya Solanki turns her attention to the subject of nationals from outside the European Economic Area or Switzerland applying to enter or remain in the UK on the basis of their family under Appendix FM of the UK Immigration Rules. In detail, she looks at:

The test of insurmountable obstacles under Appendix FM EX.1(b) and EX.2 of the Rules
UKVI Policy Guidance
Analysis of case law

Relevant law

R (Agyarko) v SSHD [2017] UKSC 11
Sabir (Appendix FM – EX.1 not free standing) [2014] UKUT 00063 (IAC)
Lal v SSHD [2019] EWCA Civ 1925
Z (Pakistan) and PG (India) v SSHD [2018] EWCA Civ 1109

Priya is a busy and experienced specialist in immigration and asylum law. She is frequently instructed in appeals against decisions of the First-Tier Tribunal and Upper Tribunal, and in judicial reviews and administrative review challenges against decisions of the Secretary of State. She is recommended by Legal 500.

Within her areas of practice her work includes refugee and human rights claims, trafficking and modern slavery claims, family and private life claims, deportations, bails, European applications, entry clearance matters, business immigration, interim relief applications, unlawful detention claims (judicial review and civil claims), civil penalties for illegal workers, asylum support and unaccompanied and age-disputed migrant children.

She has a particular interest in and experience of cases involving domestic violence, mental health issues and vulnerable clients. She provides regular training for ILPA on these topics. She is also the Chair of Trustees at Maa Shanti which is an organisation that supports South Asian single mothers/victims of domestic violence.

Priya regularly provides training on the intersection between family and immigration law. She is regularly instructed to provide expert advice on immigration issues in family proceedings. Her extensive experience of claims involving children and complex legal issues makes her a popular choice for expert opinions.