Old applications do not utilise the New Rules

Old applications do not utilise the New Rules

To the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that date: they do not.

In specific, it is improper to apply rule 276ADE on long residence to applications that were already outstanding at the date the new rule came into force.

Quoting Colin Yeo, a barrister specialising in UK immigration law at Garden Court Chambers in London: << In his leading judgment, Jackson LJ explain clearly that a decision referring in passing to the new rule will not naturally  be improper: A mere passing reference to the 20 years requirement in the new rules will not have the effect of invalidating the Secretary of State’s decision. The decision only becomes unlawful if the decision maker relies upon rule 276ADE (iii) as a consideration materially affecting the decision. >>

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