Partner Nick Gore and Associate Irfan Ali were recently asked by Lexis PSL to comment on an important and long-awaited Supreme Court judgment.
R (on the application of Wang and another) (Respondents) v Secretary of State for the Home Department (Appellant) [2023] UKSC 21 relates to the interpretation of the Immigration Rules, particularly relating to the Tier 1 (Investor) route (now closed to new applicants). The central issue in the case related to the interpretation of the requirement that money invested be under the control of the applicant.
The applicant, along with around one hundred other individuals, had subscribed to an investment scheme that was designed specifically for those seeking to remain in the UK under the Tier 1 (Investor) route. On the facts of the case, the Supreme Court unanimously upheld the decision to refuse leave to remain to the applicant.
Nick and Irfan commented that the case raised wider considerations under the Immigration Rules generally and noted that it was important that the case had been considered in the round. The full article is here (available to Lexis PSL subscribers only).
