H.Court Find Min income Rules Disproportionate & Unjusti

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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby MPH80 » Fri Jul 11, 2014 5:06 pm

We now have a response from the Home Office too:

https://www.gov.uk/government/news/home ... -threshold

Applications on hold will now receive a decision

The judgment will mean that, from the 28 July, the 4,000 individuals whose applications are currently on hold, pending this judgment, will now receive a decision. These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused
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Home office wins judgment on minimum income threshold

Postby UKBA HUNTER » Fri Jul 11, 2014 8:17 pm

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Home Office Wins Judgment on Minimum Income Threshold

Postby W Ahmed6569 » Sat Jul 12, 2014 9:11 pm

Please Note: The Article & the Link provided below is Courtesy of GOV.UK website
http://www.gov.uk/government/news/home- ... -threshold


The Home Office welcomes a Court of Appeal judgment, upholding the lawfulness of the income threshold under the new family migration rules.

The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK was introduced in July 2012. It aims to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.

The minimum income threshold was set, following advice from the independent Migration Advisory Committee, at £18,600 for sponsoring a spouse or partner, rising to £22,400 for also sponsoring a child and an additional £2,400 for each further child.

Family life must not be established in the UK at the taxpayer’s expense
Immigration and Security Minister James Brokenshire said:

I am delighted that the Court of Appeal has comprehensively upheld the lawfulness of this important policy.

We welcome those who wish to make a life in the UK with their family, work hard and make a contribution, but family life must not be established in the UK at the taxpayer’s expense and family migrants must be able to integrate.

The minimum income threshold to sponsor family migrants is delivering these objectives and this judgment recognises the important public interest it serves.

Today’s judgment overturns an earlier High Court judgment from July 2013, which was supportive of the approach but found that the impact of the minimum income threshold on family life could be disproportionate.

Applications on hold will now receive a decision
The judgment will mean that, from the 28 July, the 4,000 individuals whose applications are currently on hold, pending this judgment, will now receive a decision. These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused.

Published on, GOV.UK
11 July 2014

https://www.gov.uk/government/news/home ... -threshold
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Re: Home Office Wins Judgment on Minimum Income Threshold

Postby WR1 » Sun Jul 13, 2014 8:48 am

Surprised at the judgement.

The worrying bit is for those people who had their applications put on hold having had hope now face refusals.

Applications on hold will now receive a decision
The judgment will mean that, from the 28 July, the 4,000 individuals whose applications are currently on hold, pending this judgment, will now receive a decision. These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
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Re: Home office wins judgment on minimum income threshold

Postby icehouse256 » Mon Jul 14, 2014 5:20 pm

REALLY !!!
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby hussain.uk » Tue Jul 15, 2014 9:11 pm

On 11 July Court gave decision in favour of Home Office. The link is below:

http://www.bbc.co.uk/news/uk-28267305

From 26th July onwards all applicants whose applications were on hold due to financial requirement of £18600 will be receiving the refusals.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby helpmepls » Sat Jul 19, 2014 7:33 pm

Am I right in thinking that the people bringing the case against the Home Office will appeal?

The first just said unlawful, the second judge said lawful.

What will the third judge be likely to say?
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby MPH80 » Sat Jul 19, 2014 8:01 pm

That answer will depend entirely on the arguments presented in front of him.

The Home Office will say 'the second judge is right and here's why', the appellants will say 'the second judge is wrong and here's why'. Both will sound like rational, logical, arguments.

That is what the supreme court is there to decide.

The argument advanced in the second court judgement is this:

It is legal to have a minimum income threshold. There was *always* a threshold - and indeed the original judgement stated that if it had been at the lower level it might not have been ruled against. And, in his opinion, it's not the court's place to set the threshold value. Providing the threshold was set with a logical and rational purpose where there was a reasonable belief the amount would achieve that purpose, then the threshold is probably legal.

I think it'll be pretty hard to attack that argument.

The bit I think is the weakest is the reasoning on whether the rules are compliant within article 8 or not. But the courts are already clear that the right to a family isn't 'the right to a family in the country of your choosing'.

Either way - we've got another year or so of waiting before we get an answer.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Amber » Sat Jul 19, 2014 8:03 pm

The Court of Appeal had 3 Judges usually and the Supreme Court will usually have 5 hearing the case. It's a test of proportionality and also the applicability of Article 8(1) of the Comvention.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Obie » Sun Jul 20, 2014 9:23 am

The supreme court has granted permission inthe case of Bibi in regards to the English language requirement. I believe permission will be granted in this case also.

The court of appeal approach is that one should assume the Secretary Of State has a rational belief, without an examination of whether the belief is indeed rational, which was what Mr Justice Blake did.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby helpmepls » Sat Jul 26, 2014 10:25 pm

Thank you for your kind replies.

I guess we'll just have to wait and see.

I hope they rule against HO. £18,600 is just too much money.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby andy quattro » Sun Jan 04, 2015 10:55 am

This ruling is totally unfair and unjust and only effects people married to British citizens. Anyone married to a non-British European is guaranteed to receive a visa within in three weeks regardless of income or English language ability. The visa is free last five years and includes recourse to public funds. Unlike the visa partners of British citizens receive which takes on average three months to receive, costs £1001 and only last 2.5 years and has no recourse to public funds. Why does the British government discriminate so cruelly against the loved ones of British citizens. Please watch the 3 minute video and sign the petition. https://www.youtube.com/watch?v=OGXQofH1zU4
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