Three Indians including one from Hyderabad and one Pakistani were refused their Indefinite Leave to Remain (ILR) in the UK.
The four Asians appealed at the UK court. They won their appeal in the UK Court of Appeal against the British government’s decision to reject their right to settle in the country over a controversial national security clause.
The four applicants, three of whom are Indian and one Pakistani who had been refused their Indefinite Leave to Remain (ILR) in the UK under a skilled visa category over perceived dishonesty in reporting their earnings to the UK’s tax department.
Their case had been clubbed together for the purpose of the hearing at the Royal Courts of Justice in London, which ruled against UK 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.
“It is a big relief but it has been a very long and difficult journey,” said Ashish Balajigari, from Hyderabad. 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, has 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 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.