Arguing Insurmountable Obstacles under Appendix FM

Arguing Insurmountable Obstacles under Appendix FM
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  • Released 6th Sept 2021
  • Priya Solanki
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In this webinar, we will look at the harsh test that applies to foreign nationals who are here as overstayers and make applications as partners under Appendix FM EX.1(b) and EX.2 of the Immigration Rules. We will consider recent authorities and how these have clarified the test. There will be a detailed look at policy guidance, practical tips and examples. This webinar will allow more effective applications to be submitted and for better challenges to adverse decisions.

This webinar is suitable for practitioners working at all levels in immigration law. It is suitable for individuals who are seeking more knowledge and experience and it will be a useful refresher and update course for those who are experienced in this field.

Have a question? If you have any comments or feedback around this content, please get in touch.

In this webinar, we will cover the following:

  • The test of insurmountable obstacles under EX.1(b) and EX.2
  • A detailed look at UKVI Policy Guidance and how this can best be used to assist applications under EX.1(b)
  • The current authorities, how these have explained this test further, with examples of the circumstances the courts and Tribunals have found unconvincing
  • A discussion on useful evidence and arguments to advance in applications and appeals
  • Challenges to clearly unfounded certificates, under s.94 of the Nationality Immigration and Asylum Act 2002, in EX1(b) decisions by way of judicial review proceedings

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Priya Solanki

Barrister • One Pump Court

Priya is a busy and experienced specialist in immigration and asylum law. She is frequently instructed in appeals against decisions of the First-Tier Tribunal and Upper Tribunal, and in judicial reviews and administrative review challenges against decisions of the Secretary of State. She is recommended by Legal 500.

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