PBS Policy Guidance is not law (Pankina judgement)

[geriatrix]

Points Based System appeal succeeds
Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719
PBS decision not being appealed

[geriatrix]

My two cents -

Please follow the policy guidance until such time that the govt. announces anything to the contrary (e.g. - updated guidance, change in immigration rules). At this point in time, if you do not provide evidence as per the guidance and your application is refused, IMHO, the only way you'll get the decision overturned is through the court (appeals). From what we have seen in the past (during HSMP JR time), it could be months before the caseworkers become aware of this judgement and any changes to the processing procedures. Also note that it took more than 3 months for UKBA to publish updated policy (July) from the date of HSMP JR judgement being passed (April).

So, unless you have lot of time and money to waste or are applying through a solicitor, please do not stop submitting evidence(s) as specified in the policy guidance until such time that changes are announced by UKBA (publicly).



regards

[geriatrix]

New rules sidestep Pankina and English UK

[geriatrix]

Revised points-based system policy guidance: maintenance (funds)

[geriatrix]

Statement of Changes laid before the parliament on 22-July-2010