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Certificates of Approval

Certificates of Approval

Just a quick post to highlight the fact that charges are no longer made by the Home Office for Certificate of Approval applications. The other old requirements to get Certificates of Approval still apply and are covered in an old post on this blog. This is relatively old news as the change was announced on 9 April 2009 applying with immediate effect.

I have railed before against the Home Office’s systematic disregard for the rule of law and inaction over cases they lose. What I only just found out about the Certificates of Approval change is that it was forced on the Home Office by yet more litigation. Someone (I’m not sure who) challenged the failure to respect the judgment of the House of Lords in Baiai, and the Home Office have conceded the case. Abandoning charging was apparently part of the consent order.

The Home Office announcement says that the Certificate of Approval policy is under review and hints that those who paid the fee may have it refunded. Keep watching the Home Office website for details.

I sometimes wonder if the Home Office secretly love immigration lawyers and like to make unnecessary work for us. They are currently forcing the development of a whole new area of satellite litigation: cases to force the Home Office to respect and implement old cases they already lost.

Free Movement
The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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