Immigration: Taxation

(asked on 21st June 2018) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what the timetable is for the completion of his Department's review of the use of paragraph 322(5); and if he will publish the findings of that review.


Answered by
Caroline Nokes Portrait
Caroline Nokes
This question was answered on 27th June 2018

Our review of applications by Tier 1 (General) migrants who were refused under paragraph 322(5) of the Immigration Rules is ongoing

As I stated in my letter to the Chair of the Home Affairs Select Committee of 21 June, the first stage of the review was concluded by the end of May and I expect the remaining cases to be reviewed within the next few weeks. I will report the full findings of the review to the Committee as soon as possible thereafter

I also stated in that letter that, of the initial 281 cases reviewed, 249 applicants amended their HMRC records by more than £10,000. In many of the remaining cases, though the differences were less than £10,000, they were nevertheless substantial

There is no specific threshold which would lead to a refusal under paragraph 322(5). Caseworkers consider all the available evidence in the round when assessing an applicant’s character and conduct

Figures, particularly those in relation to legal challenges (which require a manual trawl of individual case records) are subject to change while the review is ongoing. We will therefore not be providing a breakdown or a running commentary, and it would be inappropriate to do so in relation to current litigation. We will provide more detailed information in relation to legal challenges in our final report.

Reticulating Splines