D4109125 wrote:UKBA HUNTER wrote:The both posters feel like graduated from Tier 4 B rated law college who just distracting everyone including silent readers (me).
But still Ayubi theory/logics feels more accurate.
You're not doing a good job at being silent
And it's not what feels accurate what counts, it's evidence based on people's experiences what matters when looking at interpretations of rules.
Nope, people's experiences do not matter when interpreting rules. It happens on a regular basis in past that UKBA or other government bodies take wrong decisions. Sometimes these wrong decisions are beneficial to applicants and sometimes they are not. But these wrong decisions, which become people's experiences do not become valid interpretations. In past, many a times UKBA issued ILE to people when all they were supposed to do is issue 2 years spouse visa. This happened in hundreds of cases. That does not mean that somehow the rules were "interpreted" and a precedent set because of experience of these people (applicants).
And it follows, that if someone's application was refused wrongly, then it did not mean that that wrong interpretation and bad experience of people somehow became the correct interpretation of rules.
And talking about UKBA, its not that only visas were issued incorrectly, it even happened in nationality cases.
Caseworkers are only humans, they will make good legally sound decisions and sometimes bad and illegal decision.
That is why there is judicial process. Needless to say, this is not only in immigration cases but in every sphere of governance and life.