Immigration Law Assignment: Overstaying, Visa Refusal, and EU Citizen

This assignment addresses several scenarios related to UK immigration law. The first part provides advice to Joseph, a Ghanaian national who has overstayed his visa, considering factors like his medical condition (diabetes and high blood pressure), potential asylum claims, and the implications of the Immigration Act 1971, including the importance of Article 8 of the European Convention of Human Rights. The second part provides advice to Mary and Frank, where Frank's spouse visa application was refused due to insufficient funds. The assignment analyzes the financial requirements, genuine marriage considerations, and the role of supporting documentation. It also discusses the potential for an administrative review and the importance of Amelia's welfare. Finally, it explores the different approach if Mary was an Italian EU citizen and discusses the EU Settlement Scheme. The assignment integrates legal principles with practical advice, referencing relevant legislation and case law.

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Immigration Law

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Table of Contents
Answer to Question 3 a..............................................................................................................3
Answer to Question 3 b..............................................................................................................4
Answer to Question 3 c..............................................................................................................6
Bibliography...............................................................................................................................8

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Answer to Question 3 a
It is imperative form the facts of the case that Joseph, a national form Ghana has been
overstaying in the United Kingdom since 2004 as a result of the expiry of his visa relating to
visit and tour. It would be crime in accordance with Section 24 of the Immigration Act of
1971 if a person has overstayed in the United Kingdom for a prolonged period of time
without any reasonable cause. It is to be seen as to what circumstances compelled Joseph to
stay in the United Kingdom for a prolonged period of time after the expiry of his visitor’s
visa. The situation of Ghana must also be taken into account as far as the aspect pertaining to
the granting of asylum to Joseph is concerned thereby preventing him from being persecuted
possibly. It would help in the presenting of the aspect relating to humanitarianism in the
desired manner. It is also inferred form the facts of the case that Joseph pays off rents and
additional utility bills as far as the costs of living are concerned. It is also imperative that the
medical grounds are to be taken into consideration as Joseph has been diagnosed with
diabetes and high blood pressure as per the records compiled by his General Practitioner. A
strong reason has to be capitulated upon in an effective and efficient manner so as to provide
a comprehensive solution to Joseph as far as his with reference to the reason regarding his
overstaying in the United Kingdom since 2004. The hurdles and obstacles in terms of the
extension of his stay in the United Kingdom are to be examined in a detailed manner so as to
dig deeper into his case. If the medical facilities with regard to the treatment for diabetes in
Ghana are extremely dismal and pathetic in nature, then appropriate steps and measures are to
be taken with regard to the formal arrangements for the extension of stay for Joseph in the
desired manner as far as the issuance of a valid permit is concerned thereby resulting in the
mitigation of the issues pertaining to overstay in the desired manner. Additionally, there are
no criminal records against Joseph which would imply that such a person would be a
potential threat to the public in general. The Secretary of the State has the discretionary
powers to decide upon the deportation or removal of a person from the United Kingdom in
accordance with Sub-section 5 (a) of Section 3 of the Immigration Act of 1971 on grounds
that the welfare of the general public is to be taken into consideration. Sub-section 6 of
Section 3 of the Immigration Act of 1971 implies that any person who is an immigrant and
has been convicted for imprisonment is liable to be deported. If any deportation order has
been made against Joseph, then an appeal can be filed to set aside the deportation order in
accordance with Sub-section 1 of Section 15 of the Immigration Act of 1971. It is imperative
from Sub-section 3 and Sub-section 4 of the Immigration Act of 1971 that if the order for
deportation has been made for the welfare of the public in general, then they appeal is to be
rejected by the adjudicator or the immigration tribunal in question1. The aspect of the basic
human rights and civil liberties are to be taken into consideration with regard to the case of
Joseph in the interest of equity and fairness. The United Kingdom is committed to protect the
human rights and civil liberties in adherence to the international standards in a proper and
appropriate manner. Article 8 of the European Convention of Human Rights implies that the
aspect pertaining to privacy should be the key thing. The aspect pertaining to family ties of
Joseph in the United Kingdom is to be taken into consideration in order to imply the
1 Immigration Act 1971

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exemption from being removed from the United Kingdom on grounds of overstaying for a
prolonged period of time. In order to prevent Joseph form being persecuted, asylum has to be
granted in the desired manner as the United Kingdom is a signatory to the Refugee
Convention of the United Nations of 19512. The concept of judicial dynamism has to be
taken into consideration as far as the approach of Lord Denning in various immigration cases
is concerned instead of merely interpreting the wordings of the law as far as the Black
lettered approach with regard to the decisions to be concluded in cases are concerned. As a
result, the facts and circumstances of the scenario provided imply that the removal of Joseph
form the United Kingdom should not be made since has established ties in the United
Kingdom and also has medical conditions related to diabetes for which has to make regular
visits to his General Practitioner. As a result, he would face difficulties if he returns to Ghana
as he would have to start all over again. The decision made by the European Court of Human
Rights in the case of Chahal v United Kingdom must be analysed and taken into
consideration in order to justify the cause of Joseph as far as Article 3 of the European
Convention of Human Rights is concerned3. In this case, the deportation of Chahal was
eventually set aside after being in detention for a prolonged period of six years4.
Answer to Question 3 b
A review has to be made against the refusal since the authority making such refusal has
committed a blatant error of law by merely making on the decision based on the financial
assets of Mary and has simply ignored the fact that Mary’s parents are willing to support
Mary and Frank. Additionally, Frank also is established by running a successful business in
Jamaica. The welfare and parenting of their daughter Amelia is also be taken into
consideration accordingly. The sufficiency of funds should be the key thing as far as the
financial support for Mary and Frank is concerned in order to lead a family life in the United
Kingdom in the desired manner as far as the average basis is concerned5. As far as the current
rule s for the family visa is concerned. The combined yearly income for the couple should be
at least eighteen thousand six hundred pounds in a year. Taking account of the facts and
circumstances of the case, it is established that Mary and Frank have a daughter named
Amelia. As a result, an extra earning of three thousand eight hundred pounds has to be
furnished accordingly. If the application for visa by Frank is to be made as a parent, then the
aspect of income would be exempted. However, the financial assets of the family have to be
sufficient as far as sustenance is concerned. Since the parents of Mary have agreed to
financially support the couple, the aspect relating to funds should not cause any major
hindrance or impediment as far as the application for visa by Frank is concerned. It also
seems that the marriage is a genuine one and not Sham taking account of the fact pertaining
2 UN Refugee Convention 1951
3 Chahal v United Kingdom (1996) 23 EHRR 413
4 European Convention on Human Rights 1951
5 Fiorella Dell'Olio. The Europeanization of citizenship: between the ideology of nationality, immigration and
European identity. (Routledge, 2017).

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to their daughter Amelia6. The documentation of the bank statements have to be scrutinized
with regard to the details of the business conducted by Frank while in Montego Bay. The
letter form Mary’s employer would also be considered as an additional document if it stated
the work details and income of Mary and the letter is printed on the company letter head.
Such a letter must also imply the kind of the contract of employment in the desired manner
along with the period of employment. The salary slips of Mary should be actual and not
forged. The bank statements or building society passbooks of Mary’ s parents are also to be
scrutinized in a detailed manner so as to imply that they can support the couple during their
stay in the United Kingdom. The details relating to the filing of taxes by Mary may also be
taken into consideration by the authority granting visa to Frank. The documentation relating
to marriage between Mary and frank has to be valid in nature. The application form has to be
filled by frank in a proper and appropriate manner. Additionally, the valid Jamaican passport
has also to be submitted by Frank with regard to visa stamping. The forms relating to
finances along with sponsorship are also to be submitted along with the certificate pertaining
to tuberculosis. Credible evidence has to be provided with regard to the fact that Mary and
Frank intend to live together in the United Kingdom taking account of the genuineness of
their marriage. The authorization has to be provided by Mary by the virtue of no objection
certificate accordingly. A no objection certificate is also to be provided by Mary’s parents
which would imply that their finds can be used by Mary and Frank without any limitations
and restrictions. It would help in the capitulation upon the application to be filed by Frank for
his spouse visa to the United Kingdom thereby establishing concrete evidence in a
documentary form as far as the conclusive proof to be established by the British High
Commission in Kingston, the capital city of Jamaica is concerned. The facts and
circumstances of the case imply that there is no reasonable ground as to why the visa should
be refused for Frank since it is imperative that not only the marriage is not a sham but also
the fact that the funds are enough with regard to live and sustain in the United Kingdom. As a
result, an appeal must be made by Frank with regard to his refusal of visa as far as
administrative review is concerned. It would help in the providing of a comprehensive
solution to Mary and Frank in the desired manner as far as the merits of the case are
concerned. The aspect pertaining to fairness must be taken into consideration as a far as
natural justice is concerned. The beneficial interests of their daughter Amelia must also be
taken into account and delved into in a proper and appropriate manner as far as she being
raised up in the United Kingdom is concerned7. It would imply the aspect related to child
welfare and support in the desired manner as far as the overall well-being of Amelia is
concerned. As a result, it is implied that the spouse visa is to be granted to frank ant ht e
earliest by the virtue of processing by the concerned Entry Clearance Officer in the desired
manner so as to ensure that there are no major hurdles and obstacles for the same. The
address proof of Mary in the United Kingdom has to be taken into account.
6 Majella Kilkey and Ewa Palenga-Möllenbeck, eds. Family life in an age of migration and mobility: global
perspectives through the life course. (Springer, 2016).
7 Cliodhna Murphy, Immigration, integration and the law: The intersection of domestic, EU and international
legal regimes.( Routledge, 2016).

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Answer to Question 3 c
A different approach would have been taken if Mary was a citizen of Italy. The aspect
relating to the status of a national of European Union would be taken into consideration in
this regard since both Italy and the United Kingdom are the members of the European Union.
If Mary being an Italian citizen is has a pre-settled or settled status, Frank has to file an
application with regard to the European Union Settlement Scheme family permit in the
desired manner thereby being able to relocate to the United Kingdom in a proper and
appropriate manner thereby leading to the pathway for their settlement in the United
Kingdom accordingly as far as living as a family in the United Kingdom is concerned. The
marriage certificate would be the key thing in this regard as far as the application for a
European Union Settlement Scheme family permit is concerned. The valid Jamaican passport
of Frank is also to be submitted as far as visa stamping is concerned along with the Italian
and European Union identification document which is to be presented by Mary. If it is
imperative form the facts that Mary is a permanent resident in the United Kingdom, Frank
can apply for a family permit relating to the European Economic Area. In this matter, Mary
should be working, studying or looking for jobs in the United Kingdom for the last three
months8. The marriage certificate along with the valid Jamaican passport is to be submitted
in this regard along with the Italian and European Union identification document to be
furnished by Mary. If any of the family permits as foresaid granted to Frank expire, an
extension can be made by him before hand by the virtue of the European Union Settlement
Scheme family permit in the desired manner. Such an application has to be made by
December 31st, 2020 taking account of the fact relating to the United Kingdom making an
exit from the European Union, colloquially known as Brexit. The family permits should
imply that there should not be any kind of major hurdle or obstacle with regard to the staying
together of Mary and Frank as a couple along with their daughter Amelia in the United
Kingdom in the desired manner. The status of Mary being a national of European Union must
be assessed in a proper and appropriate manner as far as the granting of the desired visa to
Frank is concerned. It is imperative that the family permit relating to the European Economic
Area is to be granted to Frank since Mary is already a permanent resident in the United
Kingdom taking account of the aspect pertaining to her parents being able to financially
support the couple during their stay in the United Kingdom and Mary being working on a full
time basis and earning eighteen thousand pounds on a yearly basis. There is no reasonable
ground with regard to the facts of the case that the family permit for Frank is to be refused.
As a result, the aspect related to fairness is to be taken into consideration as far as natural
justice is concerned. It would help in the derivation of a comprehensive solution for Frank in
the desired manner as far as the aspect pertaining to family life is concerned9. The documents
are to be submitted by both Frank and Mary in a proper and appropriate manner so as to
imply that the permit is to be granted to Frank in the rightful manner. The aspect relating to
sufficiency of funds for sustenance is also to be taken into account as far as the aspect of
financial support is concerned. Any refusals of family permits should follow the aspect of
8 Andrew Geddes and Peter Scholten. The politics of migration and immigration in Europe. (Sage,
2016).
9 Prakash Shah and Marie-Claire Foblets, eds. Family, religion and law: Cultural encounters in
Europe. (Routledge, 2016).

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appeal by the virtue of an Administrative Review in a proper and appropriate manner. It
would help in the capitulation and elucidation of the claim made by Frank in a proper and
appropriate manner as far as the merits of the case are concerned10. The beneficial interests
of Amelia are to be taken into consideration as far as parenting is concerned in a proper and
appropriate manner with reference to welfare. The marital bond between Mary and Frank
must also be taken into account as far as the solemnization of marriage in the desired manner
is concerned with regard to the marriage and family laws of Jamaica where the marriage took
place. In this aspect, the credible evidence has to be furnished in order to imply the
conclusive proof with regard to the implication that the marriage is a genuine one and not
sham. The proof relating to funds would also help in the claim made by Frank with regard to
the aspect relating to survival in the United Kingdom as far as the costs of living are
concerned in terms of leading a family life in the desired manner. It is imperative that family
permit in terms of European Economic Area must be granted to Frank at the earliest taking
account of the fact relating to the union of a family as far as the well being of the family
overall is concerned. The extension of stay for Frank after six months would be validated by
the virtue of a proper residence card which should be issued in the desired manner
accordingly. It would entail Frank for movement within the European Economic Area
without any major restriction or limitation.
10 Helena Wray, Regulating marriage migration into the UK: A stranger in the home. (Routledge,
2016).

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Bibliography
Chahal v United Kingdom (1996) 23 EHRR 413
Dell'Olio, F. The Europeanization of citizenship: between the ideology of nationality,
immigration and European identity. (Routledge, 2017).
European Convention on Human Rights 1951
Geddes, A. and Peter S. The politics of migration and immigration in Europe. (Sage, 2016).
Immigration Act 1971
Kilkey, M. and Ewa P., eds. Family life in an age of migration and mobility: global
perspectives through the life course. (Springer, 2016)
Murphy, C. Immigration, integration and the law: The intersection of domestic, EU and
international legal regimes. (Routledge, 2016).
Shah, P. and Foblets, M. eds. Family, religion and law: Cultural encounters in Europe.
(Routledge, 2016).
UN Refugee Convention 1951
Wray, H. Regulating marriage migration into the UK: A stranger in the home. (Routledge,
2016).