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Judicial Review 5th March - HSMP

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

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Gravitational pull
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Judicial Review 5th March - HSMP

Post by Gravitational pull » Wed Mar 05, 2008 1:11 pm

Does anyone have any details on what ended up happening with this?

The hearing was set for today but I've been unable to find out anything about how it went.

I realise I'm perhaps getting in early here but it effects me so I'm keen to know whats going on.

Kalugampitiya
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Re: Judicial Review 5th March - HSMP

Post by Kalugampitiya » Wed Mar 05, 2008 1:25 pm

Me too...

wheelbarrow
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Post by wheelbarrow » Wed Mar 05, 2008 3:08 pm

Affects me too. I have been keeping an eye on news websites and so far only come across this:

http://news.bbc.co.uk/1/hi/uk_politics/7278533.stm

Been waiting for the outcome of this for ages!

Chess
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Post by Chess » Wed Mar 05, 2008 3:29 pm

Any update will be good...
Where there is a will there is a way.

wukong
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I am waitting for too...

Post by wukong » Wed Mar 05, 2008 4:00 pm

Chess wrote:Any update will be good...

Anyone know anything?

aliuk28
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waiting for update

Post by aliuk28 » Wed Mar 05, 2008 4:22 pm

i am waiting for update as well.

dont know if the decision has been made or it will take another month

Chess
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Re: waiting for update

Post by Chess » Wed Mar 05, 2008 4:29 pm

aliuk28 wrote:i am waiting for update as well.

dont know if the decision has been made or it will take another month
could go on for years :roll:
Where there is a will there is a way.

vinay shanthi
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Post by vinay shanthi » Wed Mar 05, 2008 4:54 pm

i wont be surprised if the judgement is reserved. bapio cases were reserved judgements too and bapio house of lords case over end of feb and judgment awaited maybe around easter now

aliuk28
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Post by aliuk28 » Wed Mar 05, 2008 4:59 pm

vinay shanthi wrote:i wont be surprised if the judgement is reserved. bapio cases were reserved judgements too and bapio house of lords case over end of feb and judgment awaited maybe around easter now
so one should not have any hopes then?

vinay shanthi
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Post by vinay shanthi » Wed Mar 05, 2008 5:08 pm

aliuk28 wrote:so one should not have any hopes then?
if there was no hope, then what do u think people went to court for. all people can do is try and the rest is not up to us.

wukong
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Don't worry

Post by wukong » Wed Mar 05, 2008 5:10 pm

vinay shanthi wrote:
aliuk28 wrote:so one should not have any hopes then?
if there was no hope, then what do u think people went to court for. all people can do is try and the rest is not up to us.
Just be a bit patient. We should get something very soon. HOPEFULLY...

vinay shanthi
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Post by vinay shanthi » Wed Mar 05, 2008 5:22 pm

like i said before. heard it was a reserved judgement, so guess we wait till day of judgement

olisun
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Post by olisun » Wed Mar 05, 2008 7:54 pm

Since HSMP ceases to exist anymore, how does that impact the judgment??

I mean even if the JR is successful, how will it benefit all those who have been effected since there is no HSMP scheme anymore?
Last edited by olisun on Wed Mar 05, 2008 7:58 pm, edited 1 time in total.

olisun
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Post by olisun » Wed Mar 05, 2008 7:58 pm

wheelbarrow wrote:Affects me too. I have been keeping an eye on news websites and so far only come across this:

http://news.bbc.co.uk/1/hi/uk_politics/7278533.stm


Been waiting for the outcome of this for ages!

aliuk28
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Post by aliuk28 » Wed Mar 05, 2008 8:39 pm

olisun wrote:
wheelbarrow wrote:Affects me too. I have been keeping an eye on news websites and so far only come across this:

http://news.bbc.co.uk/1/hi/uk_politics/7278533.stm

Been waiting for the outcome of this for ages!
From the above link

JR is a joke. makes me laugh on people who are hoping they will get justice. Several weeks for final decision while most of the people who disqualify would already have left the country...

Rog
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Post by Rog » Wed Mar 05, 2008 9:42 pm

Even if the JR may be a "joke" at least it has an entertainment value for people not affected by retrospective changes who can laugh at it. That in itself cannot be a bad thing.

The judgement will soon reveal whether the case and its accompanied statistics are valid or not so only to wait for it at the moment.

karupalli
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JR

Post by karupalli » Thu Mar 06, 2008 10:28 am

Really surprising to see that migrants can not see the value of JR where citizens (born here) are telling that the changes are not fair (JHCR, MP report, etc).

Gravitational pull
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Post by Gravitational pull » Thu Mar 06, 2008 12:23 pm

Of course I see the value of the JR and anyone who can't needs a whack on the head.

The case is very simple. Fine govts can make new laws, do whatever you like. But retrospective laws are blatantly unfair and go against natural justice.

HSMP migrants signed legal documents outlining what we needed to do to earn citizenship. We have done everything the govt asked and now they want to break your legal agreement with us?

Completely outrageous - people have moved countries, brought their families and basically set up a new life in this country. To shift the goalposts now is beyond unfair.

Its clearly the govts feeble attempt to look tough on immigration as they have done a complete shamble of curbing illegals coming into this country.

So yes I cross my fingers and wait for the JR ruling. If there is any justice in the world the retrospective laws will be overturned.

aliuk28
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Post by aliuk28 » Thu Mar 06, 2008 1:18 pm

Gravitational pull wrote:Of course I see the value of the JR and anyone who can't needs a whack on the head.

The case is very simple. Fine govts can make new laws, do whatever you like. But retrospective laws are blatantly unfair and go against natural justice.

HSMP migrants signed legal documents outlining what we needed to do to earn citizenship. We have done everything the govt asked and now they want to break your legal agreement with us?

Completely outrageous - people have moved countries, brought their families and basically set up a new life in this country. To shift the goalposts now is beyond unfair.

Its clearly the govts feeble attempt to look tough on immigration as they have done a complete shamble of curbing illegals coming into this country.

So yes I cross my fingers and wait for the JR ruling. If there is any justice in the world the retrospective laws will be overturned.

Whatever you say is absolutely right but I think we are missing the point here. one and a half year to get the judicial review hearing. Do you not think that the courts could have given an earlier date. What kind of justice is that. Most of the affected people have already left the country and it can be argued that it does not affect many people now so there is no need of changing the rules back.

If I am offending anybody, I am sorry for that but I am very frustrated and angry about all these changes and beloved we are getting from this country. Why the judgement was reserved , If the case was so clear, what is taking them so long? Its unbelieveable.

I know that all these changes are politically motivated. Policitians or govenments are same all over the world. Sucking the blood out of innocent people.

Gravitational pull
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Post by Gravitational pull » Thu Mar 06, 2008 1:26 pm

aliuk28 wrote: Whatever you say is absolutely right but I think we are missing the point here. one and a half year to get the judicial review hearing. Do you not think that the courts could have given an earlier date. What kind of justice is that. Most of the affected people have already left the country and it can be argued that it does not affect many people now so there is no need of changing the rules back.

If I am offending anybody, I am sorry for that but I am very frustrated and angry about all these changes and beloved we are getting from this country. Why the judgement was reserved , If the case was so clear, what is taking them so long? Its unbelieveable.

I know that all these changes are politically motivated. Policitians or govenments are same all over the world. Sucking the blood out of innocent people.
No I completely agree with you. Why in the hell it is taking so long is beyond a joke. But nothing can be helped there so I'm trying to be patient as I can.

We are all frustrated and I personally feel let down by this government.

Edelweiss
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Post by Edelweiss » Thu Mar 06, 2008 1:29 pm

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??

:?

aliuk28
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Post by aliuk28 » Thu Mar 06, 2008 1:30 pm

Gravitational pull wrote:
aliuk28 wrote: Whatever you say is absolutely right but I think we are missing the point here. one and a half year to get the judicial review hearing. Do you not think that the courts could have given an earlier date. What kind of justice is that. Most of the affected people have already left the country and it can be argued that it does not affect many people now so there is no need of changing the rules back.

If I am offending anybody, I am sorry for that but I am very frustrated and angry about all these changes and beloved we are getting from this country. Why the judgement was reserved , If the case was so clear, what is taking them so long? Its unbelieveable.

I know that all these changes are politically motivated. Policitians or govenments are same all over the world. Sucking the blood out of innocent people.
No I completely agree with you. Why in the hell it is taking so long is beyond a joke. But nothing can be helped there so I'm trying to be patient as I can.

We are all frustrated and I personally feel let down by this government.
Is it possible to sue home office for destroying our lives? I would like to do that if we get a verdict against us.

Gravitational pull
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Post by Gravitational pull » Thu Mar 06, 2008 1:48 pm

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.

aliuk28
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Post by aliuk28 » Thu Mar 06, 2008 1:59 pm

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.
talk to them guys, 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 talk to this country and go somewhere else.

aliuk28
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Post by aliuk28 » Thu Mar 06, 2008 2:01 pm

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 talk 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.
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