High court rules immigration cap illegal

Theresa May tried to `side-step` parliament, the judges found
Theresa May tried to `side-step` parliament, the judges found

By politics.co.uk staff

Theresa May's attempt to cap the number of immigrants coming to the UK has been judged unlawful by the High Court.

Lord Justice Sullivan and Mr Justice Burton found the home secretary had tried to sidestep parliamentary scrutiny when setting the limit

As a result of the decision there is currently no legal limit for the two tiers of job applicants from abroad.


The ruling relates to the temporary cap installed since this summer. It marks a significant victory for the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association (ECCA), who were concerned about the effect of the ban on care workers.

Ed Balls, shadow home secretary, said: "The government's immigration policy is in a state of chaos.

"Their so called cap may have sounded good before the election but it wasn't properly thought through and didn't get the scrutiny it deserved. Not only will it do little to control immigration it also risks damaging British businesses."

JCWI chief executive Habib Rahman said: "This is a victory for democracy and the rule of law.

"It shows that the home secretary cannot simply sideline parliament and the requirements it has imposed to check her powers. It also has important implications for migrants in the UK who were affected by the imposition of an unlawful limit."

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