sosolid1234 wrote:Hi Paul,
I think you misunderstood my query, the applications made were under the new rules which do not allow discretion therefore a caseworker cannot give discretion to another application and not be bind by it. Like you said it is a rule and therefore one rule for all and not a different rule for another. Discretion was removed from the new rule but not mentioned if it has been totally disregarded or not, discretion is silent in the new rule therefore everyone should be treated equally. If case workers are working on separate rules then it is a problem for the HO. Either there is discretion in the rule or Not let it be clear.
If you were in my shoes would you not want to know why you were refused and others were given if you are all said to have the same issues
Which "new rules" are you referring to and where does it say that they don't allow discretion?
I refer you to the IDIs for the long residence category:
"2.3. DECIDING WHETHER TO GRANT LEAVE
It is important to remember that possession of the required period of continuous
residence in the UK does not entitle the applicant to a grant of leave, but only to be
considered for a grant. Whether leave is granted or not is a matter of judgement."
A few lucky people are still being granted ILR in the 10-year category even though their residence may not be continuous (overstay). But I cannot see how these lucky few can then be used to change the nature of the 10-year
continuous legal residence category by making the home office accept illegal periods of overstay. It just wouldn't be 10-year continuous legal stay anymore, would it?
