jinkazama_11 wrote:MANILA-PEP wrote:It will be instructive if we put together a template letter and individually fire off to our local MP's to take up this incessant increments in fees, very soon it will climax 10,000GBP for dependants at this rate.The increments are totally unjustifiable, we must act now.
Is it possible to challenge the fee increase in court?
Well, probably some lawyers here are going to come and spew out some legalize to show how I'm wrong, but I would say no.
The fact is a visa, right of abode or citizenship, these things are all privileges. The UK doesn't
have to let one single person into their country and they can deny them for any reason they like, including 'dearly beloved' reasons. They are sovereign nation and that is a fundamental feature of being a sovereign nation.
Certainly a subset of that right is that if they do indeed decide to allow some people in, they may set whatever conditions they like for entry: such as cost, what nationalities they let in, the financial background of potential entrants, the religious background of potential entrants, the criminal background, etc, etc, etc.... whatever they like. Any challenge to this fundamental right should be construed as challenge to this nation's sovereignty. And I don't think they are going to accept any of our arguments about cost, or our (or our relative's) human 'right' to enter their country, and thus give up any bit of their sovereignty.
The only way they give up their sovereignty, even a small part of it, is if they lose a war, or they see huge potential financial/diplomatic benefit in trading some of their sovereignty for economic gain. That's just how I see it.
They have joined the EU and to some extant, allowed some of their sovereign power to be shared by fellow member countries. But that was limited and completely their choice to do so (required no conflict in any courts and such). Sorry to say, I don't you are going to convince a judge that visa prices are on the scale of sovereign importance as joining the EU, and even if you did, I think the most you get out of it is that the citizenry or parliament are made to review/approve such pricing before it goes into effect. Even then, such pricing would still be completely at the discretion of the government and I don't think those of us who are not citizens will really have a say in the matter. Like I said, perhaps some lawyers here will see things differently.
And before I get attacked, let me just say that these changes in prices do affect me and my family directly, as we are now qualified to attain citizenship and will certainly be paying a higher price than currently exist, and perhaps even a higher one than proposed depending on how long we put it off applying. I've also been affected by previous retroactive changes (something I still grumble about).
However, I've always believed that this is their country. They can do whatever they like. If they don't want me in it that badly, I'll leave. Perhaps my perspective is tainted by my own culture and nationality (Americans tend to be fiercely nationalistic), but I do think my points are logical.