Queen’s Bench Division
Published May 29, 2008
Regina (HSMP Forum Ltd) v Secretary of State for the Home Department

The introduction of a new and more restrictive regime for highly skilled immigrants was unlawful because it prejudiced people already admitted to the UK under an earlier regime by reducing their opportunity to gain permanent rights of residency.

Sir George Newman so held in the Queen’s Bench Division on April 8, 2008, when allowing the application of HSMP Forum Ltd, a representative group for highly skilled immigrants, for judicial review of the introduction on November 7, 2006 by the Secretary of State for the Home Department of a new highly skilled immigrants scheme which also applied to people who had already entered the United Kingdom under the old form of the scheme.

HIS LORDSHIP said that the terms of the original scheme, properly interpreted in context and read with the guidance and the rules, contained a clear representation, made by the Home Secretary, that once a migrant had embarked on the scheme he would enjoy the benefits of the scheme according to the terms prevailing at the date he joined.

His Lordship was unable to see a sufficient public interest which outweighed the unfairness which he was satisfied the changes had visited upon those already admitted under the programme.

The terms of the original scheme should be honoured; there was no good reason why those already on the scheme should not enjoy the benefits of it as originally offered to them.

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