Courts Speak Out about Terrorism-Related Rule in UK Immigration Law

26 Apr 2019 | Posted by Carl Thomas

The UK appeal court has issued a statement criticising the Home Office and the immigration UK strategy dealing with a terrorism-related paragraph of the law. Various reports have highlighted the fact that the Home Office has used this rule to refuse applications for UK visas, and stop people with British naturalisation from making changes to their tax records.

According to studies, the Home Office has attempted to force up to 300 highly-skilled migrants with UK work permits to leave the country. They have issued this request under paragraph 322 between January 15th and May of 2018. The court has examined this law and found a "distinct unlawfulness" in the strategy used to deal with applications for UK visas.

The wider judgement made by the appeal court is that the general approach made by the home secretary in earning discrepancy cases has been flaws. The criticism of the UK Immigration office's use of the clause has become a significant debate in the argument that the Home Office is creating a hostile environment for those seeking British naturalisation.

The judgement delivered by the appeals court said that the Home Office is automatically assuming that the request to amend tax records by UK immigrants was made for unlawful or dishonest reason. Applicants were not given an opportunity to give an innocent explanation for their quest. The court also provided all immigration UK applicants threatened under the 322 clause a new layer of protection. They found that all future uses of the clause will need to be subject to article 8 of the European convention for human rights.

Currently, there are more than 70 322 clause appeals and applications pending before the court at this time, and an unknown number of people challenging the issue in an upper tribunal or first-tier tribunal. The lack of an opportunity to applicants to appeal a finding a guilt under the clause was also criticised by the court.