tag:blogger.com,1999:blog-6110794854146484721.post8461002988909513706..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: Theresa May's latest lecture: Immigration rulesObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6110794854146484721.post-9222966016333922572012-06-29T16:25:54.973+01:002012-06-29T16:25:54.973+01:00Theresa May has clearly misrepresented Huang as th...Theresa May has clearly misrepresented Huang as though it were a plea for courts to be given guidance on what exactly the Government feels about Art 8 – so that judges can thereafter defer to this view. In fact the Lords were seeking to find reasons to condemn the Immigration Appeals Tribunal for just such deference. In effect the judgment says the AIT fettered its discretion by not properly considering the balancing issues in the case, deferring too readily to the Government's "public interest" claim. I consider the issues here http://wp.me/pfo1I-dH pointing out that May has quoted Huang's obiter comments out of context. Little hope, then, for May's new immigration rules, which are supposed to guide judges by summing up where we are at in terms of case law on "proportionality".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-15422799363974045912012-06-13T11:16:02.998+01:002012-06-13T11:16:02.998+01:00I ask the question If Theresa May shows such lack ...I ask the question <a href="http://jailhouselawyersblog.blogspot.co.uk/2012/06/if-theresa-may-shows-such-lack-of.html" rel="nofollow">If Theresa May shows such lack of understanding of the law should she be the Home Secretary?</a> And conclude that she has misled Parliament!jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-26192608384616207452012-06-13T08:43:23.050+01:002012-06-13T08:43:23.050+01:00One of the curious features of British immigration...One of the curious features of British immigration practice is the way in which it discriminates against British citizens, treating them less favourably than EEA nationals. The Cambodian wife of a French national exercising treaty rights in the UK, can enter on an fee-free EEA family permit with her extended family, there is no requirement to show a maintence level has been met, she can obtain a residence card, she can have immediate access to benefits, and she can do this as of right. A British citizen, in his own country, has to obtain a spouse visa (at a cost of nearly £1000), demonstrate the maintenance levels are met, access to benefits for spouse is denied for first two years, and the award of the visa is discretionary. Amazing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-40220824712303989782012-06-11T15:54:58.927+01:002012-06-11T15:54:58.927+01:00The HRA scheme was purposely set up so that the mo...The HRA scheme was purposely set up so that the most the judges can do is to make a declaration that particular legislation is incompatible with convention rights. When they do this, the ball passes to Ministers / Parliament to determine whether they will correct the incompatibility and, if so, how they will correct it.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-17683716275931883562012-06-11T13:38:42.671+01:002012-06-11T13:38:42.671+01:00Why call a statute the Human Rights Act when its p...Why call a statute the Human Rights Act when its purpose is to protect the Supremacy of Parliament? Surely, honesty demands it be called the Protection of the Supremacy of Parliament Act?jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.com