Judicial Review application refused by the tribunal court

Hi,
Follow the link
http://forum.hsmpforumltd.com/showthread.php?t=81

Chinn

Dear All,

We have heard yesterday evening from our lawyer that the court has refused our Judicial Review application. We are very disappointed that the Judge did not consider our legitimate expectation ground ‘for review that merits a hearing’. Our lawyers were pretty confident that the Judge will decide in our favor as per the legitimate expectation ground.

Now the only possibility for us is to further proceed for an oral hearing for which we would need serious funds. We need massive contribution from one and all for further JR steps as well to cover the costs. If the members are serious to further pursue the Judicial Review plans then they need to come forward and contribute a minimum amount of 100 to 200 pounds each.

If we do not submit for oral hearing within next 5 days then we have to drop the case. This means we need major contribution in next 3 days for which each one of you will have to come forward.

Amit Kapadia

Sorry for my ignorance. Is VBSI seperate from this?

Couple of comments
This website is the most difficult to sign up for
Second, I have no clue what your case is about which is the only reason why I kept at it and finally got registered.
Third I was pretty dissappointed with the site since it wasn't made easy to learn what the story is behind the request for donations.
Maybe everyone else is familiar with your situation but I won't contribute without a better understanding as to what I am contributing to and if it is not easy to ascertain the story, well you just lose potential donors so its in your best interest to make the site more user friendly and make clear and easy what is the situation
good luck

Whic judge refused the application, and for what reason?

Hi,

This JR is different to the one filed by VBSI. This Judicial Review was filed to the recent change to the Highly Skilled Migrant Programme, for further details please check on the links below

http://www.hsmpforumltd.com/index.html
http://www.hsmpforum.com/

Chinn

Ah after some sleuthing now I understand
It is not your, chinn's specific case, you are talking about the hsmp situation overall. Thanks for the headache

So it is in reference to the HSMP points changes, rather than the 4yr-5yr ILR changes?

Hi,

The proof of the JR refusal letter which was published on the HSMP forum Ltd website. Follow the link

www.hsmpforumltd.com/JRrefusal.TIF


Chinn

Hi,

I hope all newly approved HSMP'ians planning to migrate to UK are aware of the changes that have been introduced and the changes to come in force in the future to avoid the same position that fellow HSMP'ians are going through now in the UK for there extensions.

Chinn

Are you trying to suggest that if we (I dont know who these we are) win the case, the UK Govt. will lose its authority to introduce changes in the HSMp scheme (even retrospectively) ?

Can you please explain in details as to what the case is all about and what
are we trying to achieve?

regards,

CHINN wrote:Hi,

I hope all newly approved HSMP'ians planning to migrate to UK are aware of the changes that have been introduced and the changes to come in force in the future to avoid the same position that fellow HSMP'ians are going through now in the UK for there extensions.

Chinn

a judicial review is of a particular decision, not the Home Office's ability to make decisions in general.

Of course, it may be that a quashing of a particular decision has general implications, but that is not necessarily the case.

Since most HSMP people planning to migrate at this point have been approved under the new set of criteria (post-November 2006) for HSMP, there seems to be a proper awareness both of the current and future expectations under the revised scheme. However, what I find disturbing is the verbiage below that suggests that further changes to HSMP are planned beyond what has already been implemented. Do we know what these 'changes to come in [sic] force in the future' would comprise ? Chinn's post suggests that these future changes are known, but I see no evidence of them, beyond the changes already implemented in 2006.
AG

CHINN wrote: I hope all newly approved HSMP'ians planning to migrate to UK are aware of the changes that have been introduced and the changes to come in force in the future to avoid the same position that fellow HSMP'ians are going through now in the UK for there extensions.
Chinn

It is important that the HSMP aspirants who are migrating now under HSMP, realise that just as the previous HSMP visa holders are made to requalify under a new points scheme made retropsectively applicable to them and commitments in writing have been revoked by HO, even the current HSMP visa holders can face a similar fate, as any written commitments from HO are meaningless and the HO can review the immigration in future and change laws at any time and ask them to requalify to a higher threshold. It would be naive to assume the changes made in Nov 06 are the only changes to HSMP and there would no more retrospective legislation.

It would be 'naive' to infer that the HSMP scheme would not potentially undergo further change, just as it would be alarmist and deceitful to suggest that people should be aware of changes when, in fact, those further prospective or retrospective changes are as yet unknown. Preparing for the risk of changes is one thing, but that's not what the earlier post stated. AG

In the old HSMP scheme inspite of written confirmation from the HO that any changes would not effect for those who have qualified under the old scheme, but it was applied retropsectvely. Under the present scheme the applicants do accept and sign the application form that there may be changes in the immigration rules, so even the courts cant help those in the future.So be prepared for the worst in case you chosse to take the HSMP route.

Chinn

Rog wrote:It is important that the HSMP aspirants who are migrating now under HSMP, realise that just as the previous HSMP visa holders are made to requalify under a new points scheme made retropsectively applicable to them and commitments in writing have been revoked by HO, even the current HSMP visa holders can face a similar fate, as any written commitments from HO are meaningless and the HO can review the immigration in future and change laws at any time and ask them to requalify to a higher threshold. It would be naive to assume the changes made in Nov 06 are the only changes to HSMP and there would no more retrospective legislation.

So we should be ready for possible policy changes going forward; great, but hardly news. Apart from being alarmist about unknown factors otherwise beyond one's control at this point, what are you suggesting ? You've still not made clear what you've proposed that would be remotely constructive for the rest of us, because, as you've pointed out, any decision on the earlier scheme (with which you appear to be concerned) would have no impact on those covered by the revised scheme. AG

Any decision on the JR would have a bearing on those who meet the requirements in the current scheme as well since if the courts rule that HO cannot apply a legislation retropsectively, it will prevent the HO from retracting their commitments and changing the goal posts midway in the future also. Today if you are in a well paid job and meet the 75 point criteria there is nothing to prevent the HO from raising the income threshold in the future. The point here is that the UK govt is at full right to modify their immigration requirements but it should be applied on new applications.

So the judicial review in this case makes a determination on a particular policy already enacted *and* also parameterises future policy formation from the HO ?

Rog wrote:The point here is that the UK govt is at full right to modify their immigration requirements but it should be applied on new applications.

How do you filter out those who have abused the scheme?

It is difficult to filter them its why the government introduced the requlifications after 2 years. when perosns applying for extension should fulfill in getting 75 points to get an extension if not they would be asked to leave the country or deported to there home country.

Chinn

olisun wrote:

Rog wrote:The point here is that the UK govt is at full right to modify their immigration requirements but it should be applied on new applications.

How do you filter out those who have abused the scheme?

The point is applying rules retrospectively is unjustice. If UK has new statistics tomorrow that population is more, they may say that people who has PR can not take citizen ship... Ofcourse they can do whatever in their country... Tomorrow some party may come to power ans say that all the people who became citizens after 1950 has to go back to their own country... Nothing is impossible... quite depressing really...

I am still hoping that they will change the policy of applying rules retrospectively.

Hi,
The HSMP forum ltd/ HSMP forum are planning to go for oral hearing for permission stage now(Appeal).
Chinn

Hi,

The lawyers of HSMP forum/ HSMP forum Ltd have submitted the Judicial Review renewal application today for Oral Hearing.

Chinn

CHINN wrote:Hi,

The lawyers of HSMP forum/ HSMP forum Ltd have submitted the Judicial Review renewal application today for Oral Hearing.

Chinn

And when is the oral hearing scheduled for?

It won't be known yet. The grounds for renewal went in to day, and the oral hearing will be fixed later on - probably about October, I reckon.