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Denied entry due to interim cap, seek legal advice: immigrants welfare body


`Grounds there to write to the Home Office’
23rd December 2010: Prospective immigrants denied entry or extension of stay are being asked to seek legal advise. Organisations working for the welfare of the immigrants are also informing the applicants that there are now grounds to write to the Home Office on the issue.
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The Joint Council for the Welfare of Immigrants has asserted: `Those applicants who were refused an extension of stay or entry under it (interim cap) should seek legal advice. There are now grounds to write to the Home Office and request that leave is granted outside of the Rules in those cases where individuals satisfied the relevant requirements but were refused on the basis of the unlawful cap’.

Elaborating on the contents of the verdict, the JCWI said: `In summary the judgment given by the High Court on Friday 17 December 2010 held that the Secretary of State for the Home Department had acted unlawfully in purporting to impose an interim cap on out-of-country Tier 1(General) applicants and on the number of Certificate of Sponsorships’ (COS) issued to licenced UK employers.

`Specifically the Secretary of State failed to lay the numerical limits for Tier 1 (General) and for Tier 2 (General) before Parliament as required by the Immigration Act 1971. The quantum of the limits was held to be part of the Rules themselves.’

The JCWI added: `At Friday’s hearing the Home Secretary was granted a certificate to apply directly to the Supreme Court for permission to appeal. The High Court also gave the Secretary of State permission to appeal to the Court of Appeal in case the Supreme Court refuses permission to appeal.

`In a ministerial statement brought to our attention via ILPA the Immigration Minister indicated that the Government would consider the written judgment once it is received in January 2011, and make a decision on whether to appeal against the judgment or not.

`In the light of the above, he could not clarify what the Government’s position would be in relation to those employers who have had their COS allocation reduced or reduced to zero. 

`Ignoring Parliamentary convention and indeed the spirit of the judgment (Parliament should be given an opportunity to consider Rule changes in a Parliamentary democracy), the Government has now laid a new Statement of Changes of Immigration Rules before Parliament on 21.12.10 in response to Friday’s Judgment.

`The Statement of Changes closes Tier 1 (General) for overseas applicants (the limit was reached on 07.12.10) with effect from the 23.12.10 – until that time there is no limit in force for Tier 1 (General) so there is a small window for applications. It also lays before Parliament the limits that will apply for Tier 2 (General) from 21 December 2010 until 05 April 2010 (“10,382”). This has immediate effect’.

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