Regina (Alvi) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2011 in appeals, immigration, judicial review, law reports by tracey

Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681;  [2011] WLR (D)  190

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011


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