In what has been classed as possibly the most important decision from the Courts since the passing of the actual Immigration Act 1971, today, the Supreme Court ruled that Parliament MUST approve all substantive aspects of control to Immigration. Attempting to import or incorporate requirements in documents such as ‘policy guidance’ outside the proper rules is unlawful. This has significant effect on the new Immigration rules which were brought into force on the 9th July. Where the Rules refer to policy guidance, internal guidance etc as forming the conditions / specifications attached to the Rule, the Supreme Court decision has in effect struck this out.
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