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Date - 30th July 2008 |
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Our Barristers - Michael Fordham, QC and Rick Scannell. Dear All,
We can confirm that as per the Judicial Review protocol a
notice has
been issued to home office today by our lawyers.
We believe the recent Judgment of Sir George Newman also demanded the home office to reverse the changes made to the Indefinite Leave to Remain (ILR) qualifying criteria from 4 to 5 years in April 2006. Those migrants who were admitted in the scheme prior to April 2006 should be allowed to obtain their ILR in 4 years rather than 5 years.
It is our belief that in order to properly reflect and respect the terms of the judgment of Sir George Newman it was incumbent for the Home Office to identify the benefits of the scheme at the date that migrants joined the scheme and to make provision for the preservation of those rights existing at that date. The Home Office is not taking the various parts of the HSMP scheme as interlocking elements as it was said in the Judgment and by not making the ILR changes it is not implementing the judgment in spirit.
Our members have received refusals for their ILR applications made after 4 years since the outcome of the Judgment and as it was initially promised. Also the recent warnings concerned with possible further changes in the immigration rules for further extensions and ILR mentioned in the letters received by individuals along with their HSMP extensions raises serious concern.
Our lawyers are in the process of taking further steps to ensure that the new Home Office policy about the Judgment implementation covers the ILR issue as well. Best Wishes Committee HSMP Forum |
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