V4VENDETTA wrote:Should we win, wouldn't that mean all those people that could have qualified to apply under the old rule, i.e those reaching 4 years between April 3rd 2006 - up until current, would be able to apply immediately for ILR?
http://vbsi.org.uk/index.php?page=stephen_kong
"With regard to the outcome of the judicial review application, I foresee two possibilities:-
i) If the High Court rules that the Home Secretary has no power to make retrospective rules, it is likely that the latter would appeal to the Court of Appeal. But, if the High Court also allows our application on other grounds (e.g. breach of legitimate expectation, breach of article 14 of and article 1 to the First Protocol to the ECHR), we should be able to apply for ILR immediately without awaiting for the outcome of the Home Office's appeal.
ii) If the High Court rules that the Home Secretary does have general power to make retrospective rules under the Immigration Act 1971 but the retrospective rules in question are unlawful on ground of breach of legitimate expecation or lack of justification, etc , then I would say that there is a serious possibility that he would not appeal against such a decision."
V4VENDETTA wrote: This case could have been heard earlier were it not for the time wasting tactics of the opposition solicitors,
Whatever personal issues between some solicitors, there was no opposition. Different law firms independently followed different routes. The delays are caused by the HO's repeatedly asking for additional time to file additional grounds of defence.
V4VENDETTA wrote: it should be brought to the judges attention that the proposed price increase is inevitably linked to our legal proceedings. I don't think the IND should charge people £950 for ILR if we win the case when they could have applied prior 1st April 2007 for £500 should we win this case. Am I onto something here?
As far as I know, the solicitors are well aware of it and they are also looking into other possible additional gounds for the forthsoming judicial review and a possiblity to challenge some of the more recent changes in a separate legal action. They and the volunteer research team are exremely busy at the moment while preparing additional grounds of claim for submission to the High Court - as you might know the HO was given time to file additional grounds of defence until the 23rd of March. What to put into the final document with the grounds of claim is up to the barrister and the solicitors - they will use their professional expertise to include what is possible in order to increase chances of success.
