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While waiting at Taylor House Immigration Court this morning, another direct access immigration barrister asked me if I had seen the new Joint Council for the Welfare of Immigrants (“JCWI”) publication on the impact of the new immigration rules, in particular on the effect on family life. Not being on first, and having had my conference with my clients I have had the opportunity of reading this report.

The report, which can be found at http://www.jcwi.org.uk/sites/default/files/UBLfinal.pdf is an excellent piece of work from an excellent organisation which highlights the manifest unfairness in the new immigration rules.

 

The report raises the issue that there will undoubtedly be challenges in the Administrative Court to these new rules, I agree, I have not seen any yet, but am looking forward to seeing how the Court will approach the new rules. Hopefully the Court will adopt a robust approach as they did to the rights of children in the case of ZH (Tanzania) [2011] UKSC 4. Until them we are stuck with them and will have to rely upon arguing around the rules on the basis that they are not statute and certainly should not be given the deference the SSHD wishes.

Paul Turner is a highly regarded Immigration Barrister who is licensed by the Bar Council to undertake Direct Public Access work and is based at 10 King’s Bench Walk, Temple, EC4Y 7EB