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Appendix SW
Appendix SW
It is common ground that the version of Appendix SW with which I am concerned is that which was in force on 3 April 2024. The relevant provisions were filed by Ms Thelen, at my request, shortly after the hearing.
It is not necessary to set out in full the English language requirements in that appendix. They appear at paragraphs SW 7.1-7.3. It suffices to note that an applicant must establish English language competence of at least level B1 on the Common European Framework of Reference for Languages. That must be done by meeting the relevant requirement in Appendix English Language.
- Heading
- Judge Blundell
- Background
- The Entry Clearance Officer’s Decision
- The Administrative Review Decision
- Application for Judicial Review
- Submissions
- The Immigration Rules
- Appendix SW
- Appendix English Language
- Paragraph 245AA
- Appendix Administrative Review
- The Evidential Flexibility Policy
- Analysis
- Ground Two – Evidential Flexibility
- Mudiyanselage & Ors v SSHD
- Alignment of Paragraph 245AA and version 11 of the Evidential Flexibility policy
- Differences Between v8 and v11 of the Evidential Flexibility Policy
- No Points Based System Context
- Ground Three – Discretion Outside the Rules
- Ground One – Submission of Additional Evidence on Administrative Review
- The Obvious Drafting Error in AR3.3(d) and (e)
- The Admission of Further Evidence Under Paragraph AR3.3(d)
- The Admission of Further Evidence Under Paragraph AR3.3(e)
- Conclusions