Even though S.M.M, had been detained for a period of two and half years and was considered vulnerable as someone suffering from serious mental health problems, nothing much turned upon the issues of the stay on forced removals to Zimbabwe that was in place during his period of detention but most importantly, because of his conduct during the period of detention, the ECHR refused to afford the applicant any financial compensation for the period during which he was found to have been unlawfully detained.
“The question is whether there is now general acceptance that these rules are here to stay as unchallengeable/unamendable….”, so enquired my previous blog article of October 2015 in relation to the Rules relating to Adult Dependent Relatives( ADR’s): Adult Dependant Relatives: Very Deliberately Onerous Rules
An ambitious challenge brought about by BRITCITS in BRITCITS v The Secretary of State for the Home Department  EWCA Civ 368 (24 May 2017) has elicited a negative response to the question of whether the ADR Rules can be challenged successfully with a view to striking them down as unlawful. Rather, the Court of Appeal emphasized disappointingly, “ True it is that significantly fewer dependants, including parents, will be able to satisfy the new conditions but that was always the intention”.
On the surface, all that is required to enable preparation and submission of a successful application to the Home Office is self-evident. After all, the application forms themselves are free and readily accessible (postal or on-line, as relevant). These applications forms indicate what documents are required to support an application. Additionally, voluminous Home Office guidance policy is transparently available for leisurely perusal in advance of submitting an application. With all this in sight, in some categories, it seems there isn’t even any need to consult a legal practitioner prior to submission of an application.
There are however in-built laws, policies and procedures in the assessment process of immigration applications, such that a seemingly straightforward application may end up falling foul of these provisions.
Click the link below and open the pdf guide to immigration changes made in November and December 2016.
There are even further immigration changes expected in 2017 and in particular with the coming into force fully in February 2017 of the 2016 EEA Regulations, both immigration practitioners and lay applicants are expected to be fairly au fait with the changes so as to be able to prepare applications with a fair chance of success.