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Judicial Review 5th March - HSMP

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

aliuk28
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Posts: 52
Joined: Wed Mar 05, 2008 4:20 pm

Post by aliuk28 » Thu Mar 06, 2008 2:11 pm

aliuk28 wrote:
aliuk28 wrote:
Gravitational pull wrote:
Edelweiss wrote:I agree that they are dragging this out to make sure that as many of us as possible leave before anything is done, but the JR is much more important than that. The principle of retrospective changes is what is at stake. I saw on this board that they now want £800 in your bank account over the three months before you apply for extension, with NO warning - again. And why £800 in your account, it is stupid and arbitrary, but it won't end here. Next month there will be some new rule or 'clarification' or whatever. That is why this is so important.

I still don't understand why they are tossing us out when we work and pay tax (even if we are not working in top salaried positions, we still contribute) and there are frankly not enough of us to be putting a strain on the country. Why pick on this group??

:?
Fully agree retrospective laws are a complete joke. Legal agreements should be binding and new laws should apply from when they are made.

And your second point is also correct - it seems complete lunacy to pick on HSMP visa holders. We pay tax - enormous amounts some of us and have no recourse to public funds.

Again I feel that this is happening as the Government are running scared over their innability to control immigration. So its easier to pick on people who play by the rules rather than illegals who they can't even catch let alone deport.

If I could sue the Home office over facing over my life believe me I would be happy to do so.
Lets look for other options. Do you know of any lawyers who can help us get damages from home office. If I can get the damages from HO, I would say fuckoff to this country and go somewhere else.

Yeah I saw the £ 800 thingy as well. This is so that they can charge tax on your savings.
javascript:emoticon(':roll:')
Rolling Eyes

HSMPLOCHA
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Post by HSMPLOCHA » Thu Mar 06, 2008 7:10 pm

hello everyone

i am new to this discussion and read about the recent changes that HO is trying to implement retrospective.

Does it affect every one who is on HSMP till date? There should be an alternative provided by the GOVT.

vinay shanthi
Member of Standing
Posts: 319
Joined: Wed Jul 11, 2007 7:06 pm

Post by vinay shanthi » Thu Mar 06, 2008 7:34 pm

HSMPLOCHA wrote:hello everyone

i am new to this discussion and read about the recent changes that HO is trying to implement retrospective.

Does it affect every one who is on HSMP till date? There should be an alternative provided by the GOVT.
1. trying to implement??? buddy they already have implemented it. wake up.
2. obviously it affects, thats why peoples bums are on fire. if it wasnt on fire half the people would be in their own dreamworld and not be trawling the net for reading about these issues

aliuk28
Junior Member
Posts: 52
Joined: Wed Mar 05, 2008 4:20 pm

Post by aliuk28 » Fri Mar 07, 2008 11:50 am

vinay shanthi wrote:
HSMPLOCHA wrote:hello everyone

i am new to this discussion and read about the recent changes that HO is trying to implement retrospective.

Does it affect every one who is on HSMP till date? There should be an alternative provided by the GOVT.
1. trying to implement??? buddy they already have implemented it. wake up.
2. obviously it affects, thats why peoples bums are on fire. if it wasnt on fire half the people would be in their own dreamworld and not be trawling the net for reading about these issues
any wild guess on when is the final decision

aliuk28
Junior Member
Posts: 52
Joined: Wed Mar 05, 2008 4:20 pm

WHEN IS THE FINAL DECISION

Post by aliuk28 » Fri Mar 07, 2008 4:13 pm

:x :x :x :x :x :x :x :x :x :x :x :x :x :x

DOES ANYONE KNOW WHEN WILL THE FINAL DECISION BE MADE PUBLIC.

ANY WILD GUESSES????

sunny9675
BANNED
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Location: London

Post by sunny9675 » Fri Mar 07, 2008 4:40 pm

when every one had extend thier visa

so ho have not to fight a case

bani
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Contact:

Post by bani » Fri Mar 07, 2008 8:16 pm

Decision expected end of this month.

Is there any way we can get a transcript of what was discussed? The BBC article only talked about the new criteria and not the 4 to 5 year change. That is the one that affects me most.

aliuk28
Junior Member
Posts: 52
Joined: Wed Mar 05, 2008 4:20 pm

Possible outcome of JR

Post by aliuk28 » Fri Mar 07, 2008 9:52 pm

99% chances are that the decision will be against the HSMP holders. IF you think that will decide against HO, think again.

llNicell
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Post by llNicell » Sat Mar 08, 2008 6:27 am

Be positive and optimistic about final decision.....Judgment will come from court, not from HO..... The HSMP team members who were present during hearing are very much optimistic about decision in favor of HSMP forum.

vinay shanthi
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Post by vinay shanthi » Sat Mar 08, 2008 7:48 am

i guess the decision will be sometime by the end of the month. in a reserved judgement it is no point trying to guess.

by the way i wonder out of all the people jumping around to see when the judgement is now, i wonder how many actually did anything about the JR when it counted rather than piggy back on other peoples hard earned money and efforts in the case. people who didnt do anything about it when it mattered will comnplain the most if the JR doesnt give full results or if the govt appeals. how ever as a person who has contributed, i am happy atleast the people running the JR atleast had the guts to take on this task in court and will be grateful because they atleast made a stand.

same goes for the vbsi jr which was fought on different issues. it would have helped so many people if it had suceeded but it didnt suceed. you win some you lose some. lifegoes on.

same goes for the bapio case which had hsmp issues in that as well. again people who didnt make the slightest effort at helping were the people making the most noise about consequences. no point worrying about such bumsuckers who live a parasitic existence on others. it is a tribute to the monumental efforts of bapio, that we got success for hsmp doctors. bapio collected nearly £150,000 for JR, appeal, injunction and more now for house of lords case. we lost the Jr but won appeal, injunction and now house of lords case is over and decision awaited by easter, exact dates ot know. i am sure bapio wont let it go if things dont turn out like we want it to. there is always the european courts. all we can do is try, the rest is not up to us. if only a small part of the people now fretting about effects of retrospective rules had made their bit for the legal action, things might have been a lot different in some of the cases. but such is life and it goes on. the next phase in the legal challenges depends on the outcomes of the present ones.

Ajay Kumar Singh
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Just joined

Post by Ajay Kumar Singh » Sat Mar 08, 2008 6:28 pm

I'm now on board.

I was going thru this case just today, even never heard of HSMP Forum Ltd, and can't join them as they charge money for it? Humm!!!

Anyway as usual it is going to take time to come to a decision.

I'm not expert in UK law but is there anything which can halt the implementation of new changes till the JR decision comes?

vinay shanthi
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Post by vinay shanthi » Sat Mar 08, 2008 11:34 pm

yes it is a paid forum now. before it wasnt. but it was found that as usual freeloaders would use and abuse the forum and there was acute shortage of funds for jr. hence registered limited company which runs the forum decided to allow only paid members, otherwise there was severe difficulty meeting expenses of lawyers, barristers, solicitirs, QC used to represent the forum in the JR. obviously money does not grow on trees, some urgent action was needed otherwise danger was that jr would have to be withdrawn for lack of funds. hmmm ... hence the need for making it a paid forum. but obviously it caused a lot of heart burn among the freeloaders who got dumped. people who moan the most are ones who havent lifted a finger to help themselves or others in legal action. everybody wakes up when their bum is on fire. but there are some who expect others to do the work even when their own bum is on fire and get annoyed that others dont do things for them. such is life, there is no dearth of such leeches.

olisun
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Post by olisun » Sun Mar 09, 2008 9:06 am

vinay shanthi wrote:yes it is a paid forum now. before it wasnt. but it was found that as usual freeloaders would use and abuse the forum and there was acute shortage of funds for jr. hence registered limited company which runs the forum decided to allow only paid members, otherwise there was severe difficulty meeting expenses of lawyers, barristers, solicitirs, QC used to represent the forum in the JR. obviously money does not grow on trees, some urgent action was needed otherwise danger was that jr would have to be withdrawn for lack of funds. hmmm ... hence the need for making it a paid forum. but obviously it caused a lot of heart burn among the freeloaders who got dumped. people who moan the most are ones who havent lifted a finger to help themselves or others in legal action. everybody wakes up when their bum is on fire. but there are some who expect others to do the work even when their own bum is on fire and get annoyed that others dont do things for them. such is life, there is no dearth of such leeches.
Btw what happened to the old HSMP forum?

Ajay Kumar Singh
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Location: London

Post by Ajay Kumar Singh » Sun Mar 09, 2008 9:27 am

vinay shanthi wrote:yes it is a paid forum now. before it wasnt. but it was found that as usual freeloaders would use and abuse the forum and there was acute shortage of funds for jr. hence registered limited company which runs the forum decided to allow only paid members, otherwise there was severe difficulty meeting expenses of lawyers, barristers, solicitirs, QC used to represent the forum in the JR. obviously money does not grow on trees, some urgent action was needed otherwise danger was that jr would have to be withdrawn for lack of funds. hmmm ... hence the need for making it a paid forum. but obviously it caused a lot of heart burn among the freeloaders who got dumped. people who moan the most are ones who havent lifted a finger to help themselves or others in legal action. everybody wakes up when their bum is on fire. but there are some who expect others to do the work even when their own bum is on fire and get annoyed that others dont do things for them. such is life, there is no dearth of such leeches.
Thanks for explanation on paid membership, I'm not arguing on that. I wouldn't mind joining it.

My question was are there any routes to challenge the law than JR?

How effective it would be to pursue individual cases.

Obviously I'm out thanks to the Funds requirements and I don't have enough time to wait for JR and not sure how it will affect the rule.

By the time JR decision comes out I'll be packing my bags.

vinay shanthi
Member of Standing
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Joined: Wed Jul 11, 2007 7:06 pm

Post by vinay shanthi » Sun Mar 09, 2008 10:16 am

Ajay Kumar Singh wrote:Thanks for explanation on paid membership, I'm not arguing on that. I wouldn't mind joining it.

My question was are there any routes to challenge the law than JR?

How effective it would be to pursue individual cases.

Obviously I'm out thanks to the Funds requirements and I don't have enough time to wait for JR and not sure how it will affect the rule.

By the time JR decision comes out I'll be packing my bags.
people have tried AIT appeals and succeeded previously. but later govt changed tactics and started giving discretionary visas for people who won AIT appeals instead of hsmp renewals. there are various other problems when these people get discretionary leave instead of hsmp renwal from what i have read.

but due to a recent reported case in AIT even the AIT route seems to be closed to most HSMPs except in human rights issues. see link for details of case http://www.gherson.com/articles/changes ... eady-in-uk

so now unless the hsmp jr succeeds and overturns the AIT reported case as a precedent, people are stuffed in my opinion if they had issues covered by the hsmp JR.
Btw what happened to the old HSMP forum?
no idea olisun as i was out of country for a month. from what i have read i do know that legal notices were issued against some people. but obviously other legal battles cost more money for the registered company and so these things take a back seat as funding priority is for JR issues. when people are having problems with funds for jr, there is not much choice but to put other issues on the back burner. but i was pleased to see the new immigration rule changes specifically penalise people who misuse the system, so people might still get whats due to them in the long run even if they have slipped thru the system till now

Ajay Kumar Singh
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Location: London

Post by Ajay Kumar Singh » Sun Mar 09, 2008 2:16 pm

vinay shanthi wrote:people have tried AIT appeals and succeeded previously. but later govt changed tactics and started giving discretionary visas for people who won AIT appeals instead of hsmp renewals. there are various other problems when these people get discretionary leave instead of hsmp renwal from what i have read.

but due to a recent reported case in AIT even the AIT route seems to be closed to most HSMPs except in human rights issues. see link for details of case http://www.gherson.com/articles/changes ... eady-in-uk

so now unless the hsmp jr succeeds and overturns the AIT reported case as a precedent, people are stuffed in my opinion if they had issues covered by the hsmp JR.
thanks Vinay, I'm exploring.

On top of it how come a country, so proud of its liberalism for allowing criminals, war lords and whole refuse of rest of world to come, live in and rest in peace here, can close all the routes for us even to appeal against their own stupidity?

....

pr4t4p
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Contact:

Post by pr4t4p » Fri Apr 04, 2008 4:52 pm

Judgment date has been released and its on the 8th April at 11:00 am

llNicell
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Judicial Review Judgement –

Post by llNicell » Tue Apr 08, 2008 10:38 pm

Hi,
Congratulations!!!!

The retrospective changes dated 6th Nov 2006 have been declared Unlawful on 8th April by UK Highcourt !!!

MUGHAL
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United Kingdom

Post by MUGHAL » Wed Apr 09, 2008 5:59 am

c o n g r a t u l a t i o n to ever one.
high court has given the decision in forum's favour.
so enjoy yourselves and do hard for the UK's PROSPERITY.
THANKS.
BYE

aliuk28
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Government can still appeal

Post by aliuk28 » Wed Apr 09, 2008 12:06 pm

Dont be so happy. The government can still appeal.

MUGHAL
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Re: Government can still appeal

Post by MUGHAL » Wed Apr 09, 2008 4:45 pm

yes i know budy.
bye bye

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