Post
by Obie » Wed Dec 22, 2010 2:43 pm
Hello Batleykhan,
It is good to be back. I have been around now and again, but mostly on the European section.
The day to day demands is impacting a lot on my absence.
It is a positive development for sure , but there seem to be some obscurity as to the scope of the application of this judgment. It appear on first reading that it will apply only to British Citizen wishing to establish their family unit in the UK, but it will not affect people with settled status. If my understanding is correct, it might lead to some confusion.
I believe it is unlikely the government will win the right to appeal it at the Lords, but we shall see.
In regards to the test you mentioned, i think it is plainly discriminatory, and it will not last for sure. The distinction that is drawn between English majority and minority country, does not sound too legal to me. Then again we shall see.
Not a very good year for the government, COA ruled unlawful or about to be scrapped, Cap ruled unlawful because proper procedures were not followed, now the 21 age limit. I also believe there is another one on how they should apply the best interest of children in their decision. The fact it should form a large part.
We shall wait and see how things go in the new year.
Smooth seas do not make skilful sailors