Kind
Attn:
Jacqui Smith,
Home Secretary
Dear
Ms Smith,
As you may be aware of our recent
high court judgment of 6th
April 2009 which ruled that the retrospective changes applied in
April 2006 by extending the indefinite leave to remain qualifying
period from 4 to 5 years for those on
Highly Skilled Migrant Programme (HSMP) scheme was unlawful.
The high court also ruled that the July 2008 HSMP Forum Limited
policy document was accordingly unlawful in not making a provision
for the
Indefinite leave to remain after 4 years for those admitted
on the HSMP scheme prior to 3rd April 2006 after our
April 2008
high court ruling.
Contempt of High Court ruling
In a letter dated 8th April 2009 following the high court
ruling, Dr Ashish Vijayan who has been in UK on HSMP was issued with
a refusal when he made his indefinite leave to remain application
after 4 years of legitimate stay. On 15th April 2009 I
wrote to Ms Lin Homer, Chief Executive , UK Border Agency to
withdraw the refusal in light of the high court ruling. There has
been no response in this matter. Please be aware that your office
is in contempt of the high court ruling by issuing a
refusal letter
based on not completing 5 years of stay. We may approach the court
for contempt if UKBA fails to take an immediate action in this
matter. You will also have to pay the costs thereby.
If this is a mistake then it only proves how incompetent the
UKBA acted in not ensuring the staff is well instructed about the
high court ruling.
Citizenship and Immigration Bill
We would also like to keep you well informed that in reference to
our high court judgment of 6th April 2009 that the court
order on 8th April 2009 mentioned “In respect of all
persons admitted to the Highly Skilled Migrant Programme as at 7
November 2006, those individuals are entitled to the benefits of the
scheme (including settlement) according to the terms (including as
to qualifying period) which applied on the date when they joined”.
Please be aware that in light of this order the Government is not
entitled to nor has any right to apply any further retrospective
changes to all migrants admitted on the HSMP scheme as at 7th
November 2006. Any attempt to apply any new immigration changes to
this set of migrants will be unlawful and we will approach the court
for contempt!
Our two high court Judgments
(April
2008 and
April 2009)also sets a
precedent that the Government will be acting unlawfully if it
applies such retrospective changes to migrants already in the UK .
Any attempt to apply new citizenship and immigration bill to
existing migrants who have been in UK before the implementation of
this bill will meet the same fate as the April and November 2006
retrospective changes.
Yours Sincerely
Amit Kapadia
Executive Director (Chairman)
HSMP Forum