Huge news in immigration law - Pankina ruling

[Carlo007]

The supreme Court has recently delivered its judgment in the Secretary of State's appeal against the Court of Appeal's judgment in R (Alvi) v. Secretary of State for the Home Department [2011] EWCA Civ 681, thus upholding the Court of Appeal's judgment in Pankina - Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. [2011] Q.B. 376. This is huge news in immigration law as it will have major implications for new immigration rules on family members. Read more here :
http://www.gherson.c...l-chapter-3355/

[Arthur Little]

This is huge news in immigration law as it will have major implications for new immigration rules on family members. Read more here :

http://www.gherson.c...l-chapter-3355/

Unable to locate remote server for this link ... can you elaborate, !

[Terpe]

The supreme Court has recently delivered its judgment in the Secretary of State's appeal against the Court of Appeal's judgment in R (Alvi) v. Secretary of State for the Home Department [2011] EWCA Civ 681, thus upholding the Court of Appeal's judgment in Pankina - Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. [2011] Q.B. 376. This is huge news in immigration law as it will have major implications for new immigration rules on family members. Read more here :
http://www.gherson.c...l-chapter-3355/

Can you summarise how this will affect the latest changes to immigration rules effective 20th July and laid before parliament?

Same for me as Arthur mentioned. Having problems with your link

[imagine]

i had trouble locating link too,

try this
http://www.gherson.com/news-articles...-chapter-3355/

[imagine]

but still im get a headache reading it

[Terpe]

Ah, thanks for that Stewart.

Here's what the penultimate paragraph states

The result has been a further 288 pages of changes to the Immigration Rules impressively presented to Parliament on 19 July 2012 (the day after the Supreme Court judgment) and coming into force today, 20 July 2012.

This was announced by UKBA recently (see this thread)

I'm not sure if there any subsequent issues/impacts for us. That's why I've asked the OP.

There's been one huge "paper-chase" that's almost impossible to keep up to date with.

Given that the Home Office came back the very next day with such a massive amount of changes following the court ruling certainly suggests they were already prepared and waiting. This seems like it's going to a theme from now on.
Only make changes following court rulings

[imagine]

i think the gov should be taken to court

[Carlo007]

Sorry for the link, I don't know what the issue was.

To offer a bit more clarification ( or confusion )..

The explanatory memorandum to the statement of changes which incorporates the changes to the immigration rules which came into force on 20th July 2012 in light of the judgment in Alvi, makes it clear that in their view “these changes have no operational impact on applicants, sponsors or caseworkers. The changes only incorporate existing requirements, currently set out in guidance or lists external to the Immigration Rules, into the Rules themselves to protect against further legal challenge” (para 3.2).

Hansard record for 18 July 2012: Columns WS49-50 records the following from a written statement of the Minister of State, Home Office (Lord Henley):

“…The Supreme Court has drawn the line in a way which provides a clear and workable framework for the future but some requirements in the current Immigration Rules are not consistent with this judgment. In particular, the visitor, points-based system and family rules impose some requirements on applicants by way of guidance which fall foul of the Supreme Court's judgment. The Government will therefore lay a statement of changes on 19 July coming into force on 20 July in order to safeguard their lawful operation.

We recognise the complexity of the system and we will therefore undertake a more substantial review of the rules and consider how they can be simplified. The Migration Advisory Committee is currently reviewing the Codes of Practice which this judgment requires are included in the rules and we expect a shorter, updated version to be available for inclusion in due course.

The immediate changes to the rules will mean that for applicants under the visitor, PBS and family route the position has not changed. They are required to meet the requirements of the rules and provide the specified evidence that they meet those requirements. The evidence will now be specified in the rules rather than in guidance.

The Government are also making some minor changes to improve the drafting and transparency of the Rule and some technical corrections to the rules.

Applications already submitted will be considered under the new rules.

Guidance on decided cases, where an applicant has been refused on the basis of failure to meet a requirement that they believe should have been in the rules but was not, will be issued soon.”

[andy222]

It wont make any difference to the non eu people that want to come here. From what i can see it only affects those who are already here. Correct me if I am wrong.