Post
by Obie » Mon Dec 29, 2014 3:29 pm
What exactly is there to challenge?
Your cousin must have foresaw that as a consequence of applying for ILR under the Long Residency Provision, he was in effect abandoning the period her spouse had spent under the PBS regime.
The HSMP judicial review was a different case. Those Migrant had a legitimate expectation that after a certain Period, they will get ILR.
Half way on the bus journey, the Secretary of State decided to change the rule and impose undue restriction.
In this case, it must have been clear to you that as a result of switching, your wife's clock will reset.
I will strongly advise that you beware of people suggesting you join with them in legal challenge. If even you do that, you are advice to check properly before releasing funds.
If a Migrant made an application under the long residence, and in the process of their application being determined, find out that the rules had changed, then those people may have a case, that it was unfair to them. That at the time of their application, they had a legitimate expectation that their spouse will benefit from the provision of Paragraph 287, otherwise they would not have applied.
But if the rules were in existence when they applied under the long residence, it cannot be argued that they did not know, or could not have know.
In those circumstances, ignorance of the law cannot be a lawful grounds of claim.
Smooth seas do not make skilful sailors
