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HSMP Forum's Press Release |
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Judicial Review Judgement – HSMP Forum Ltd Vs Secretary of State for the Home Department |
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Highly Skilled Migrants vindicated by landmark judgment from UK High Court -------------------------------------------------------------------------------------------------------- Highly Skilled Migrants in UK have finally been vindicated in their belief that justice would prevail despite of sustained unfair and discriminatory treatment by Immigration Ministry. UK High Court, in its landmark judgment, has ruled that the Judicial Review application filed by HSMP Forum Limited against unfair retrospective changes to Highly Skilled Migrant Programme (HSMP) in November 2006 has been successful. Immigration Ministry had introduced a new Point Based System in November 2006 and had retrospectively imposed it on the Highly Skilled Migrants who had entered UK as per earlier Scheme offered to them. Approximately 49,000 migrants and their families entered the scheme between January 2002 and November 2006. High Court judgement confirmed the various appeals made by Highly Skilled Migrants, in its judgement stating “the old scheme constituted an integrated and entire programme and that it was not open to the government to alter the terms and conditions upon which the pre-arranged stages were to be implemented.”
It is noteworthy that Highly Skilled Migrant Programme was introduced in 2002 with the aim to provide an individual migration route for highly skilled persons who have the skills and experience required by the United Kingdom to compete in the global economy. It is ironical that the UK government chose to play tough with the very category of migrants who are making valuable contribution to the economy without using public funds and have made a commitment to make UK their main home.
Amit Kapadia, Executive Director of HSMP Forum expressed his satisfaction over the outcome of legal proceedings, initiated only after all other avenues for a positive resolution were exhausted. He said with a sigh of relief “The unfair and retrospective element of changes to extension criteria of HSMP were highlighted by the Highly Skilled Migrants through their MPs, a petition was handed over to the Prime Minister, a meeting was held with the Immigration Minister in the House of Commons. Presentations were made by several MPs across party lines. Joint Parliamentary Committee on Human Rights as well as Commission for Racial Equality had looked into the issue and submitted to the government that the changes were unfair and unlawful. However, the immigration department was obsessed with defending their decision and were not open to any reasoning. We had no other recourse but to approach the judiciary and we are glad that our trust in the Democratic System has finally been restored.”
Baskaran Kumarasamy, Executive Committee Member of HSMP Forum said “UK High Court judgement reflects the feelings expressed by thousands of Highly Skilled Migrants and their family members.”
Justice Sir George Newman, in his landmark judgement observes “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.”
The retrospective changes have been declared Unlawful and Home Office was refused permission to appeal to Court of Appeal by Justice Newman!!
Court Order |