Abbassi, Rahman, DP 5/96 case, overturned

News on July 31st, 2011 Comments Off on Abbassi, Rahman, DP 5/96 case, overturned

See previous post for the case, EWHC 2894 (Admin).

The case concerns the withdrawal by SSHD of the DP 5/96, the seven year child concession policy.

The court held that if the withdrawal of DP 5/96 amounted to change in the Immigration Rules, then DP 5/96 should have been laid before the Parliament and because it wasn’t the policy itself was unlawful and therefore the its withdrawal was lawaful. Further, none of the appellants knew of the policy before it was withdrawn and therefore they cannot show that they reied on it not rely on it or show legitimate expectation. The Court stated that the policy could ‘operate as an inducement to enter this country fraudulently, with limited leave, and then to remain here until the seven years have expired. It would operate as an incentive to families not to seek to regularise their immigration status’. The Court concluded that MPs were entitled to review or change policy where it was in the public interests to do so. The Court rejected the argument that the decision to withdraw the policy was irrational or that the Secretary of State had not considered the interests of the children which could adequately be addressed by article 8 ECHR.  The Court allowed the Secretary of State’s appeal and none of the families were entitled to benefit from the policy.

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