Judicial Review Success and ILR Issue

There have been several enquiries about the Judicial Review outcome and how it would benefit the issue of Indefinite Leave to Remain changes of 4 to 5 years which took place in April 2006.

As you might be aware a Judicial Review on the immigration changes can only be filed within 3 months of the changes. Though the Judicial Review claim and the court order was for November 2006 HSMP extension criteria changes but we believe the Judicial Review Judgment would help the ILR issue as well.

We wrote to the Home Office to resolve the ILR issue since the Judgment clearly states that the Government should honour the criteria which was in place when migrants were admitted in the scheme.

The Judgment stated "I am unable to see a sufficient public interest which outweighs the unfairness, which I am satisfied the changes visit upon those already admitted under the programme. In the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them. Good administration and straightforward dealing with the public require it. Not to restrain the impact of the changes would, in my judgment, give rise to conspicuous unfairness and an abuse of power."

We believe Home Office will utilise this opportunity to resolve the ILR issue. Otherwise we will work on necessary legal action to pursue the ILR issue and would update on it.

Best Wishes

HSMP Forum

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