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yashima wrote:I'm thinking of appealing so I dont think I'm overstaying at the moment, what i concern is after the appeal is rejected, would i be consider an "overstayer" then, or im allowed to leave within 28 days without breaking the law. Many thanks
An immigration judge can only say if the home office disregarded or did not apply any rules. He cant excercise his discretion and grant you leave. Immigration rules are made under the powers granted to home secretary by various immigration Acts, hence the immigration rule are the LAW.yashima wrote:Hello PaperPusher,
Thank you very much for your reply. I never run into legal problems before so I have to say im very much naiive about this. But the way I think about this is, these are rules, not law, especially it just came to effect very very recently. Asking people to be aware of the rules as long as it comes out is abit unreasonable dont you think?
Can you please explain to me more about "judical discretion", arent they power of the judge to decide with variations to the rule? Why isnt there any in this case?
Many many thanks
For example, see also an interesting JR.PaperPusher wrote:Hello yeshima
There really isn't "judicial discretion" as you put it. You have to meet the requirements of the rules, there is no way around this I can see unless you take it all the way, ie argue that the law itself is unlawful because it is totally unreasonable. If you want to do that good luck, good luck anyway.