The Weekly Law Reports
[2008] 2 WLR 1073
House of Lords
Regina (BAPIO Action Ltd and another) v Secretary of State for the Home Department and another
[2008] UKHL 27
2008 Feb 28;
April 30
Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell and Lord Mance
Immigration— Limited leave to enter— Highly skilled migrant programme— Postgraduate medical trainees seeking posts in NHS— Health Secretary issuing guidance to NHS employers to restrict offers of places to resident applicants— Existing trainees on migrant programme unable to renew training contracts becoming ineligible to remain— Whether issue of guidance within scope of statutory immigration regime requiring changes via amendment to Immigration Rules— Whether inconsistent with legitimate expectations of trainees on programme to qualify for indefinite leave to remain—
Immigration Act 1971 (c 77), ss 1(2)(4), 3(2)