R v BH & Others: Acquittal of Conspiracy to Breach Immigration Law

Wednesday 22 March 2017

Peter Wilcock QC and Minka Braun of Garden Court Chambers represented BH, who was unanimously acquitted of a conspiracy to facilitate the breach of immigration law.

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It was alleged that BH and others were engaged in a sophisticated immigration fraud, whereby numerous non-EU nationals, already lawfully in the UK, sought to extend their stay in the UK (and thereby obtain indefinite leave to remain in the UK) by manipulating the Tier 1 (Entrepreneurial) Immigration Scheme.

Numerous Tier 1 (Entrepreneur) Applicants were directors of shelf companies which had been set up by BH, and these applicants subsequently used these shelf companies in their applications to extend their stay in the UK.

Critical to the success of this trial was a very close and careful analysis of the Immigration Rules and Guidance, which had been repeatedly redrafted and revised over the relevant 12 month indictment period.

Peter Wilcock QC, leading Minka Braun were instructed by Hifzur Rahman of City Law Chambers.

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