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In my opinion, it is termed 'unlawful' because of the manner in which it was implemented (no parliamentary approval etc.) and NOT the contents of the policy.calvtan wrote:LATEST:
Home secretary loses legal challenge against her policy of imposing temporary immigration cap
Just saw this on BBC headlines, but no link for full details yet... good news for Tier 1?
Here you go:
http://www.bbc.co.uk/news/uk-politics-12022613
It proves that this coalition government is acting like a gang of teens, who do things without any proper plan.calvtan wrote:LATEST:
Home secretary loses legal challenge against her policy of imposing temporary immigration cap
Just saw this on BBC headlines, but no link for full details yet... good news for Tier 1?
Here you go:
http://www.bbc.co.uk/news/uk-politics-12022613
Following this ruling, what about the host of drastic changes in Immigration Policies that are on the cards, including scrapping of T1(G), proposal to scrap PSW, new rules for ILR and other proposals for Settlement Reforms? Would all of these changes not require Parliamentary Approvals, or have these changes been planned to be introduced with proper Parliamentary Approval?sushdmehta wrote: The case was against the interim cap introduced and the court ruled that the cap was unlawful because of a technicality (sidestepping parliamentary scrutiny before introducing the cap) and not because the government cannot undertake such measures.
regards
The govt. has ample time to undertake parliamentary scrutiny where ever necessary for the immigration policy changes the government plans to introduce in the future.Manas wrote:Following this ruling, what about the host of drastic changes in Immigration Policies that are on the cards, including scrapping of T1(G), proposal to scrap PSW, new rules for ILR and other proposals for Settlement Reforms? Would all of these changes not require Parliamentary Approvals, or have these changes been planned to be introduced with proper Parliamentary Approval?
Thanks for your reply Sushdmehta.sushdmehta wrote: The govt. has ample time to undertake parliamentary scrutiny where ever necessary for the immigration policy changes the government plans to introduce in the future.
Given the ruling, don't expect the government to make the same mistake again in cases where such parliamentary scrutiny may be necessary / mandatory.
regards
Any idea on which date Parliament returns in January?hydviv wrote:But ministers can introduce a new cap when Parliament returns in January.
The govt. doesn't need an act of parliament to introduce such immigration policy changes. Delegated or secondary legislation allows the Government to make changes to the law using powers confered by an Act of Parliament.Manas wrote:Thanks for your reply Sushdmehta.
That means the new rules proposed to be effective from April 2011, for example, scrapping of Tier1(G), does not the Govt seek approval from the Parliament? Or the govt has already taken parliamentary approval? By parliamentary approval is it meant that these changes needs to be ratified by majority of MPs within the Coalition, or Cabinet approval?
'The court's ruling rests on a technicality. We will set this right in the next few days to ensure we can continue to operate an interim limit.
10 Januaryvisaforv10 wrote:Any idea on which date Parliament returns in January?hydviv wrote:But ministers can introduce a new cap when Parliament returns in January.
Who knows, except UKBA, how many applications have been decided but pending visa issuance? For the world, UKBA may claim that all applications not yet refused or returned (after approval) are still "under assessment". And until UKBA makes the interim cap lawful, all submitted applications may remain "not yet decided"!rohitys wrote:simple question for the seniors/mods
successful applications which are now pending i.e. nov & dec will be issued visas immediately ?? without having to wait till jan 1st ?
This is perfectly true and most likely to happen.sushdmehta wrote:Who knows, except UKBA, how many applications have been decided but pending visa issuance? For the world, UKBA may claim that all applications not yet refused or returned (after approval) are still "under assessment". And until UKBA makes the interim cap lawful, all submitted applications may remain "not yet decided"!rohitys wrote:simple question for the seniors/mods
successful applications which are now pending i.e. nov & dec will be issued visas immediately ?? without having to wait till jan 1st ?
IMHO ...
regards
Does this mean, if a section of MPs in the Coalition does not approve of a certain decision taken by the Home Office, then they might object to that, which in turn would not allow the House to pass that resolution?sushdmehta wrote: Negative Statutory Instruments[/url] (a type of delegated legislation) become law without a debate or vote, but can be annulled by a resolution of either House of Parliament. Such a resolution (to annul) must be passed within 40 days of the instrument being laid.
regards