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CLARE MOULDER (Sitting as a Deputy Judge of the High Court) ____________________
Mr Raza Halim (instructed by Kesar & Co) for the Claimants Mr David Blundell (instructed by Treasury Solicitor) for the Defendant Hearing date: 10 June 1013 ____________________
at the end of paragraph 276ADE(iv) of the rules. Paragraph 276ADE deals with applications for leave to remain on the grounds of private life. The changes were expressed to take effect from 13 December 2012. Paragraph 4.3 of the explanatory memorandum to HC 760 expressly stated that:
The statement of changes introduced by HC 820 was unlawful on the grounds of its capriciousness and that that capriciousness offends the principle of legal certainty and in turn the rule of law.
Paragraph 276BE of the rules is incompatible with section 55 of the 2009 Act insofar as it provides that successful applications under paragraph 276 ADE shall be met with a grant of leave for no longer than 30 months and precludes case specific considerations.
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