In my practice both as a direct access immigration barrister and as a barrister instructed by solicitors in the more conventional sense I have been particularly interested in the current legacy challenges. I am currently representing a large number of clients who have had their cases considered by the Case Resolution Directorate and now handled by the Case Assurance and Audit Unit of the UKBA. One of my main challenges is where the SSHD has granted the client Discretionary Leave to Remain instead of Indefinite Leave to Remain.
Challenges to this have been mounted on a number of grounds including
1.Legitimate expectation. Ie that the clients had an expectation that if they waited in turn like everybody else they would get ILR and not DLR, a grant with plainly less value, especially now as it will take 10 years to acquire residency.
2. Mishandling. I have a number of cases where the High Court has granted permission where the SSHD has mishandled, even according to her own guidelines the case with the consequence that the client had their case dealt with after 20 July 2011.
3. Inconsistency.And this is where I need the help. The new policy of July 2011 was that cases under the CAAU would be granted DLR for 3 years. I have been to Court and the SSHD defends the cases that the policy has changed. However, I have a number of clients where the CAAU has granted ILR, apparently outwith their own policy.
If anyone has any information or experience of this I would be very grateful. Please contact me by email, phone or at my chambers.
Paul Turner is a highly regarded direct access immigration barrister who is licensed by the Bar Council to provide immigration advice and services directly to the public and who is based at the Chambers of Claudius Algar, 10 King’s Bench Walk, Temple, EC4Y 7EB