The relevant provisions of the Immigration Rules dealing with Tier 2 (General) Migrants, were first laid before Parliament on 4 November 2008 and came into effect on 27 November 2008. The fact the UKBA list of skilled occupations, which is referred to in paras 69 and 82 of Appendix A to the Rules, was not placed on UKBA’s website until 28 November i.e. 24 days after Appendix A was laid before Parliament, together with the fact that such a list was capable of being amended by the Secretary of State, means that reliance by the respondent on the requirements set out in para 69 was unlawful: Pankina [2010] EWCA Civ 719 and R (on the application of Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681 applied. (This decision does not address the implications of the amendment made to para 69 by HC382 which came into effect on 12 August 2010.)
Citations:
[2011] UKUT 313 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.444048