The following Immigration guidance note provides comprehensive and up to date legal information covering:
Produced in partnership with Judith Farbey QC of Doughty Street Chambers and Deborah Revill of Lamb Building
Changes to immigration law may mean that a person who applies for entry or stay under one rule or policy may have the application determined under a different rule or policy. This Practice Note gives an overview of the principles which the courts have adopted on the effect of changes of law or policy on individual cases. The key topics are:
the presumption against the retrospective effect of legislation
the legal effects of withdrawing a policy
the principle of legitimate expectation
These topics are complex. Advice to clients will often depend on the precise facts of the case, rather than on the automatic application of what the courts have said in previous cases. This Practice Note aims to provide the basis for a general understanding of some of the legal principles.
Under common law, there is a presumption that a statutory provision does not have retrospective effect in the sense of altering existing legal rights. The presumption has traditionally not been applied to enactments dealing only with procedural matters on the grounds that no one has a vested right in any particular procedure. However, the courts have more recently emphasised that the difference between procedural and substantive
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