AIT 1. Where a more timely decision could have been made in respect of a person who had already accrued the relevant period of residence during the time when the (previous) long residence concession was still in force, i.e. up to 1 March 2006, that concession is a relevant factor in an Article 8 claim (see FH (Bangladesh) [2009] EWCA Civ 385). But in deciding whether the decision was in accordance with the law, that concession cannot assist someone who only applied (and was only in a position to apply) for long residence after its withdrawal: see LL(China) [2009] EWCA Civ 617.
2. The recent revision in Home Office policy, as set out in the April 2009 IDIs dealing with long residence, means that there is, once again, a situation in which immigration rules dealing with long residence co-exist with a policy concession (set out in these IDIs) that in at least one respect is more generous. But in deciding whether the decision is ‘in accordance with the law’, the revived policy will not assist those in respect of whom a decision was made before it came (back) into existence: see AG and Others (Policies; executive discretions; Tribunal’s powers) Kosovo [2007] UKAIT 00082.
[2009] UKAIT 00051
Bailii
England and Wales
Updated: 24 June 2021; Ref: scu.384464