The following Immigration practice note Produced in partnership with Latitude Law provides comprehensive and up to date legal information covering:
A statement of policy or practice issued by the Secretary of State for the Home Department (SSHD), acting by UK Visas and Immigration, explains or expands on—but can never limit the scope of—an aspect of the law or Immigration Rules. It may take the form of a policy statement, guidance or staff instruction.
There has been significant growth in Home Office reliance on such documents. Perhaps most notable is the area of sponsor licensing (both Tiers 2 and 4), where policy guidance is everything; there are no corresponding Immigration Rules applicable, and statute has only a limited role to play in the administration of the various licensing schemes. Another example is the published guidance on employer duties in the context of illegal working provisions, founded in statute and the subject of a particularly detailed policy statement. For further details, see the Points-Based System (PBS) sponsorship under Tiers 2 and 5: Employers and Preventing Illegal working topics in Lexis®PSL Immigration.
The principal check upon the scope of such guidance, which is amended frequently, is the usual public law duty to act fairly and consistently. Changes to the statutory appeal regime introduced by the Immigration Act 2014 (IA 2014) mean that judicial review, with its well known deficiencies of scope, is often the only forum for seeking review of the exercise of such powers.
Another significant development was the
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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