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Health and Care Worker Visas: Deception, Sole Responsibility, Compelling Circumstances

Speaker: Chengetai Mupara
Chambers: Great James Street Chambers

Chengetai has a busy practice and regularly appears in the First-tier Tribunal (“FTT”) and Upper Tribunal of the Immigration and Asylum Chamber, County Court, Crown Court and Magistrates’ Courts. Chengetai’s public law practice primarily involves judicial reviews of immigration decisions, unlawful detention, nationality and long residence matters. He is regularly instructed in urgent applications seeking injunctive relief against removal. Chengetai’s immigration tribunal work consists of asylum, human rights, deportation, detention, citizenship/nationality, work visas, student visas, family reunion, entry clearance cases etc.

In this presentation, Chengetai focuses on how to deal with entry clearance applications by health and care workers on the grounds of deception, sole responsibility and family and other circumstances in practice. He explains how these applications do not attract a right of appeal, and instead Administrative Review and/or Judicial Review are suitable remedies and outlines these processes. He provides references for relevant case law.

Key words/topics

  • Entry clearance applications
  • Health and care worker visas
  • Deception
  • Sole responsibility
  • Compelling circumstances
  • AR2.11 of Appendix Administrative Review of the Immigration Rules
  • Pre-Action Protocol
  • Acknowledgment of Service
  • Shen (Paper appeals; proving dishonesty) [2014] UKUT 00236 (IAC)
  • Adedoyin [2010] EWCA Civ 773
  • NA & Others (Cambridge College of Learning) Pakistan [2009] UKAIT 00031
  • Ahmed (general grounds of refusal – material non disclosure) [2011] UKUT 351
  • TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049
  • 297(i)(f) of the Immigration Rules
  • Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88(IAC)
  • s.55 UK Borders Act 2009
  • UN Convention on the Rights of the Child