Unconfirmed reports are coming from the Royal Courts of Justice that two senior Judges, Lord Justice Sullivan and Justice Burton, in the ECCA/JCWI legal challenge have ruled that the UK Border Agency have not acted within the law when implementing the interim immigration cap on Tier 1 and Tier 2 migration.
The judgment, which turned on the earlier Pankina case, effectively blocks Home Secretary Theresa May’s cap on migration, at least until the changes can be put before Parliament.
The English Community Care Association (ECCA) legal challenge against the UK Government’s Tier 2 immigration cap policy started yesterday in London’s Royal Courts of Justice.
The two day Judicial Review hearing argues that the UK Border Agency’s decision to impose an interim cap, and subsequent withdrawal of care employer’s CoS (Certificates of Sponsorship) allocation and only reissue them on the basis of salary, was unreasonable and carried out without proper consultation.
The trade body, which represents thousands of care homes in the UK, was concerned that the cap is having a severe effect on Senior Carer recruitment in the care sector.
The hearing included a similar challenge by the JCWI (Joint Council for the Welfare of Immigrants) on the Tier 1 limits.
A full verbal judgment is expected to be issued on Friday afternoon, however unofficial reports from court number 1 suggest that the judge has ruled that the Home Secretary’s implementation of the Tier 1 and 2, of the points based system, unlawful.
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