Court of Appeal overturns Upper Tribunal's decision over the Maxwell Asset Management loan scheme

The Court of Appeal found that the Secretary of State and Upper Tribunal erred in the construction of "control" as a matter of law. The Immigration Rules should be constructed in their ordinary meaning, and the construction adopted by the SSHD and the Upper Tribunal was not consistent with the proper approach to the interpretation of rules in a points-based system. This landmark decision has significant implications for Tier 1 Investor visa applicants who used loan arrangements.