Bapio Action Ltd & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2007] EWHC 199 (QB) (09 February 2007)

Bapio Action Ltd & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2007] EWHC 199 (QB) (09 February 2007)

There was no legal obligation on the Home Office to consult BAPIO before changing the Immigration Rules, as there was no statutory requirement or settled practice of consultation. The DH guidance did not misrepresent or unlawfully amend the Immigration Rules. The Home Office did not fully comply with the procedural requirements of section 71 of the Race Relations Act 1976, but the changes themselves were not unlawful on that ground.

Citation
[2007] EWHC 199 (QB)
Parties
First Claimant: BAPIO Action Limited; Second Claimant: Dr Imran Yousaf; First Defendant: Secretary of State for the Home Department; Second Defendant: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Consultation Obligations, Legitimate Expectation, Immigration Rules, Race Relations Act Compliance, Judicial Review Procedure
Administrative Law Immigration Law Public Law Consultation Obligations Legitimate Expectation Immigration Rules Race Relations Act Compliance Judicial Review Procedure

Case Brief

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Parties

BAPIO Action Limited

First Claimant

Dr Imran Yousaf

Second Claimant

Secretary of State for the Home Department

First Defendant

Secretary of State for Health

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Home Office was under a duty to consult BAPIO before changing the Immigration Rules relating to permit-free training (PFT) for international medical graduates (IMGs)
  2. 2 Whether the Department of Health (DH) guidance on Highly Skilled Migrant Programme (HSMP) misrepresented or unlawfully amended the Immigration Rules
  3. 3 Whether the Home Office complied with section 71 of the Race Relations Act 1976 in making the changes

Ratio Decidendi

There was no legal obligation on the Home Office to consult BAPIO before changing the Immigration Rules, as there was no statutory requirement or settled practice of consultation. The DH guidance did not misrepresent or unlawfully amend the Immigration Rules. The Home Office did not fully comply with the procedural requirements of section 71 of the Race Relations Act 1976, but the changes themselves were not unlawful on that ground.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for consultation to be undertaken