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and in Mr Hossain's case,The immigration judge considered the HSMP application made by GJ, which required him to state that he intended to make the UK his main home and his country of habitual residence.
The documentation given to applicants at the time of GJ’s application in summer 2005, when GJ applied, stated:
How will the revised HSMP affect me?
Not at all. It is important to note that once you have entered the programme you are in a category that has an avenue to settlement. Those who have already entered under HSMP will be allowed to stay and apply for settlement after four years qualifying residence regardless of these revisions to HSMP .
The immigration judge made clear that he was not saying that changes to the HSMP were unlawful per se but that the changes were unlawful as they were applied to GJ because GJ was right to say that he had a legitimate expectation to remain. He considered that in GJ’s case the decision was not in accordance with the law, as is required by Article 8 ECHR
aj77, this is a good idea. I'd like to see someone try this and win.aj77 wrote: I personally feel anyone from 1+3 group who cannot qualify 75 points and expecting rejection of application should go for ILR, as deportation notice will be issued in both cases if he goes for FLR or ILR and Appeal could be successful on the same grounds so why not go for ILR instead of FLR
According to my information 5 to 6 cases have got successful decisions but due to confidentiality,they did not issue those publicly.The immigration judge considered the HSMP application made by GJ, which required him to state that he intended to make the UK his main home and his country of habitual residence.
The documentation given to applicants at the time of GJ’s application in summer 2005, when GJ applied, stated:
How will the revised HSMP affect me?
Not at all. It is important to note that once you have entered the programme you are in a category that has an avenue to settlement. Those who have already entered under HSMP will be allowed to stay and apply for settlement after four years qualifying residence regardless of these revisions to HSMP .
The immigration judge made clear that he was not saying that changes to the HSMP were unlawful per se but that the changes were unlawful as they were applied to GJ because GJ was right to say that he had a legitimate expectation to remain. He considered that in GJ’s case the decision was not in accordance with the law, as is required by Article 8 ECHR
avjones wrote:No, I'm not a solicitor, and I'm not here on HSMP. I'm a British citizen by birth (although, irrelevantly perhaps, my other half has dual nationality and immigrated here as a child).
I'm a barrister, I do mostly (95%) immigration law, and it's interesting to read people's experiences and stories here. I hope you don't feel that is inappropriate, where I can, I try to point people towards relevant information.
