Immigration rules challenged

[peppekalle]

Did the govt loose this case or the matter has not been determined? Does anyone know when the determination is due?

http://www.migrantsrights.org.uk/news/2 ... high-court

[Obie]

One of the cases which sort of overlaps with the Birmingham cases, failed.

Nagre, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) (28 March 2013)


The other which is in relation to the pre-english language test succeeded, for now at least.

Bibi & Anor, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2013] EWCA Civ 322 (12 April 2013)

[MPH80]

Very interesting Obie ... but I read the second of those two cases as 2 judges (Kay and Toulson) dismissing and one allowing (Keene) ... doesn't that make it a loss?

M.

[PaperPusher]

Conclusion

It follows from what I have said that I would dismiss these appeals. I do not consider that the amended Rule 281 contravenes any requirement of the ECHR or of domestic law. This does not mean that in a future case, on judicially determined facts, an individual claimant may not be able successfully to challenge the application of the amended Rule in his or her case.

I'm sure paragraph 48 of Bibi & Anor means that the challenge to the new English requirement pre entry still stands.

[Obie]

Very interesting Obie ... but I read the second of those two cases as 2 judges (Kay and Toulson) dismissing and one allowing (Keene) ... doesn't that make it a loss?

M.

You may well be correct, as there are two to one against, although the final say is in favour, but Toulson clearly was not it support of Keene's assessment, and it seem as Kay is the vice president, then surely they may have the final say. But we certainly have not heard the last of this case yet.

Even the court of appeals system has this case as dismissed. http://casetracker.justice.gov.uk/listi ... d=20120165