How many legacy cases left

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Immigration lawyers have discerned that length of residence in the UK played a key role in the decisions made, and many have made Freedom of Information requests for statistics in order to further elucidate the decision-making process. As with all cases prior to the removal of paragraph C from the Immigration Rules on 13 February , before a decision to remove was made in a Legacy case, regard was had to the relevant factors as set out in paragraph C and Chapter 53 of the Enforcement Instructions and Guidance "EIG".

Namely, age, length of residence in the UK, personal history, including character, domestic circumstance, criminal record, compassionate circumstances and any representations received on the person's behalf.

Indications were given that weight should be placed on four-six years of residence in the UK. The main complaint has been that with no clear published criteria the decision-making has been arbitrary or random. However, in the recent case of Hakemi , it was held by the High Court that there was full publication of the practice and policy of the Secretary of State,, namely the discretionary application of a policy which gave a very wide discretion but set out the factors in paragraph C and Chapter 53 EIG.

Therefore, the State was not a party. The court made it clear that the State is not a party to claims asserted under this statute so as to defeat diversity. That alone is not enough. However, it is only a matter of time before a creative plaintiff molds a new legal argument to try to keep cases out of federal court.

Perrier , Alex B. The UT found that the legacy grant represented a finding that the earlier fresh claim refusal had been wrong, based on the same evidence as was previously available. Accordingly the transitional protection applied, even though the decision post-dated July The very fact that periods of 36 months, rather than 30 months, of leave had been granted in the past, strongly suggested that the applicant was on the old, rather than the new route to settlement.

This decision will hopefully help many other cases still in the system. Notably many legacy grants of leave were based on the same information that had previously been on file: to that extent they were usually reversals of earlier decisions based on the same evidence.

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