In this important case relating to the status of the Immigration Rules, and the applicability of the Interpretation Act 1978, the Court of Appeal rejected the Appellant’s argument that the Rules had the force and status of legislation so as to bring them within the ambit of the 1978 Act, and the common law rules against retrospective legislation. In consequence it held that the SSHD had been entitled to apply the Rules as they were in force at the date of his decision when he considered the Appellant’s application for further leave to remain as a post-graduate doctor. The Appellant had contended that she was entitled to have her application decided as at the date of her application.
The Appellant has petitioned the House of Lords for permission to appeal, and a decision is awaited.
Richard Drabble QC and Tim Buley appeared on behalf of the Appellant.