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New policy guidance following Pankina judgments

The UK Border Agency has issued new policy guidance following the judgments in the cases of Secretary of State for the Home Department v Pankina 2010 EWCA Civ 719.

The guidance affects migrants under all tiers of the points-based system whose applications were refused solely because they failed to meet the maintenance (funds) requirements, and who unsuccessfully applied:

  • from outside the UK between 23 June and 22 July 2010 inclusive; or
  • from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010.

The new policy guidance, which you can download from the right side of this page, explains how these applicants can request a review of their refusal.

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