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03 July 2008 / Joe Middleton , Mark Henderson
Issue: 7328 / Categories: Features , Public , Employment
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Public law update

HIghly skilled migrant programme
Expulsion

LEGITIMATE EXPECTATION
In a series of recent cases the courts have grappled with issues of legitimate expectation as they relate to people granted leave to live and work in the UK under the highly skilled migrant programme (HSMP). These migrants are by definition exceptionally well qualified and make a valuable contribution to the UK. Their problem has been that, having been encouraged to come here on a programme leading to settlement (permanent residence), the rules of the programme and their eligibility for employment were suddenly changed and they found themselves facing the prospect of having to leave the country.

AA and HSMP Forum
The first pair of cases arise from changes to the HSMP criteria in November 2006. These meant that many of those already on the programme who had expected to be able to settle in the UK in due course, suddenly became ineligible for any extension of leave. The appellants in AA (Pakistan) [2008] UKAIT 00003 (21 December 2007) had originally applied for HSMP status

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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