R (on the application of Wang and another) (Respondents) v Secretary of State for the Home Department (Appellant)
Case ID: 2021/0125
Case summary
Issue
This appeal raises issues concerning:
(1) the meaning of "control" of investment money in the relevant provisions of the Immigration Rules and the facts and circumstances relevant to the assessment of "control"; and
(2) the approach to the interpretation of the Immigration Rules.
Facts
In 2017, Ms Wang made an application for further leave to remain having previously been granted entry clearance as a Tier 1 (Investor) Migrant and leave to remain for a limited period. In order to fulfil the applicable conditions under the Immigration Rules, it was necessary for her to have borrowed £1 million from a UK financially regulated institution so as to have that sum under her control; and to have invested at least £750,000 of such sum in UK Government bonds or in share capital or loan capital in a qualifying active and trading UK registered company. Ms Wang's claim was based on her participation in a scheme sold to her and over 100 other applicants for investor migrant visas, whereby £1 million was borrowed from Maxwell Asset Management Limited and invested in Eclectic Capital Limited by way of a convertible loan. The Secretary of State refused Ms Wang's application on the twin grounds that the loan from Maxwell Asset Management did not result in her having the proceeds under her control, and that the investment in Eclectic Capital Limited was not a qualifying investment. The Upper Tribunal's decision dismissing Ms Wang's application for judicial review was set aside by the Court of Appeal. The Secretary of State now appeals to the Supreme Court.
Judgment appealed
Parties
Appellant
Secretary of State for the Home Department
Respondents
Jie Wang
Jiaqi Wu
Appeal
Justices
Lord Briggs, Lord Kitchin, Lord Burrows, Lady Rose, Sir Declan Morgan
Hearing start date
4 May 2023
Hearing finish date
4 May 2023
| Watch hearing | ||
|---|---|---|
| 4 May 2023 | Morning session | Afternoon session |
Judgment details
Judgment date
21 June 2023
Neutral citation
[2023] UKSC 21
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 9 Mar 2022 | Judgment summary |