- Court of Appeal reluctantly finds investment scheme does not breach Rules
- What did the Court of Appeal decide?
- What are the practical implications of the case?
Immigration analysis: The Court of Appeal reluctantly agrees that an investment scheme which loaned migrants funds which were ultimately invested outside the UK, was not in breach of the Immigration Rules, even though the scheme was contrary to the stated purpose of the Tier 1 (Investor) route. In overturning the Upper Tribunal decision, the court made it clear its judgment was a product of the drafting the Immigration Rules and that when it comes to the Points-Based System the Secretary of State for the Home Department’s intention is to be found strictly in the terms of the Rules.
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