Challenging the new Immigration Rules

Bhatia Best Solicitors are challenging the changes to the immigration rules introduced by the Secretary of State on 9 July 2012. The case is listed to be heard at the High Court in Birmingham at the beginning of February 2013.

Our client seeks to challenge the new Immigration Rules which came into force on 9th July 2012 on the basis that they do not comply with the European Convention on Human Rights (“ECHR”).

The new rules seek to implement amongst other things the following two provisions:

i. Introduction of new /additional requirements before entry clearance can be granted for a ‘parent of a child living in the UK’.

ii. Changes to the Immigration Act 1971 stipulating that a spouse must have an income of £18,600.00 and savings of a stipulated amount in order to qualify for entry clearance,

The High Court case challenges these provisions as being incompatible with an individuals right to private and family life (Art 8 ECHR), right to remarry (Art 12 ECHR) and right to prohibition from discrimination (Art 14 ECHR).

Further update will follow after the hearing in February 2013.