Source:
The GuardianTheresa May, the home secretary, illegally bypassed parliament to bring in temporary limit on non-EU workers, judges rule
Alan Travis, home affairs editor
Friday December 17 2010 16.03 GMT
The high court has delivered a fresh blow to home secretary Theresa May's already troubled plans for a cap on immigration.
Two senior judges have ruled that the temporary limit imposed from 28 June on skilled migrants from outside the European Union is unlawful because ministers sidestepped proper parliamentary approval when it was introduced.
The ruling by Lord Justice Sullivan and Justice Burton at the high court in London followed legal challenges by the Joint Council for the Welfare of Immigrants (JCWI) and by the English Community Care Association.
The interim cap was brought in by the UK Border Agency, ostensibly to prevent a surge in applications by skilled migrants from outside Europe. It was intended as an interim measure while cabinet thrashed out an agreement over how flexible the permanent cap should be when it is introduced next April.
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http://www.guardian.co.uk/uk/2010/dec/17/high-court-overturns-immigration-cap