Win For Children With Discretionary Leave

The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful.  The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 CHambers for the intervener, Coram Children’s Legal Centre (CCLC), argued that where there […]

Legacy case WINS!

Following on from Hakemi, the High Court has again scrutinised the leave to remain under the “Legacy” cases, and found the SSHD’s adherence to the policy wanting. In a welcome move last Friday Mr Stephen Morris QC, sitting as Deputy High Court Judge, quashed as unlawful the decision to refuse the Claimant leave to remain […]

New Legacy judgment

In a spate of very significant judgments last week, the long awaited legacy case has finally come out: Hakemi v Secretary of State for the Home Department [2012] EWHC 1967 (Admin). Nicola Braganza was led by Hugh Southey QC, both of Tooks Chambers. As many suspected we are still in the dark about a lot […]

What is the “Legacy?”

Is it a bird, is it a plane or…is it in fact a policy?  Now the UKBA would vigorously deny this, they would deny that there is any kind of amnesty at all. However, the evidence would point to the contrary. Essentially prior to July 2011 if you had claimed asylum before the 5th March […]