<p>Britain's Supreme Court has struck down a key provision in immigration rules for foreign workers on the ground that it had not been scrutinised by parliament.<br /><br /></p>.<p>The court ruled in a case related to Pakistan national Hussain Zulfiquar Alvi that ministers could not bar foreign workers unless rules used to do so had been shown to Parliament.<br /><br />The ruling concerns the 'shortage occupations list' used by the Home Office to control migration of foreign workers skilled in occupations that were in demand in the country.<br /><br />The ruling is likely to have an impact on cases that had been refused after 2008.<br /><br />"The Home Office's occupation list is usually out of touch with growing business needs and demand. The Supreme Court judgement may ensure that migrants are not denied a visa based on arbitrary lists produced by the Home Office," Amit Kapadia, executive director of HSMP Forum, told PTI after the court ruling.<br /><br />"The decision is good for democratic process and will let MPs debate and decide that the occupation lists are in accordance with the current business needs," he added.<br /><br />Hussain Zulfiquar Alvi came to the UK in 2003 as a student and stayed on after his studies to become a physiotherapy assistant.<br /><br />In 2009, he applied for further leave to remain under revised rules for migrant workers called the Points-Based System.<br /><br />The system, which came into force in 2008, uses points to calculate which migrants have the most skills and would be of most benefit to the UK.<br /><br />The Home Office said Alvi could not stay because he did not have enough skills to earn sufficient points.<br /><br /> However, Alvi said the decision was unlawful because Parliament had not actually scrutinised the specific Home Office-set rules relating to his occupation. </p>
<p>Britain's Supreme Court has struck down a key provision in immigration rules for foreign workers on the ground that it had not been scrutinised by parliament.<br /><br /></p>.<p>The court ruled in a case related to Pakistan national Hussain Zulfiquar Alvi that ministers could not bar foreign workers unless rules used to do so had been shown to Parliament.<br /><br />The ruling concerns the 'shortage occupations list' used by the Home Office to control migration of foreign workers skilled in occupations that were in demand in the country.<br /><br />The ruling is likely to have an impact on cases that had been refused after 2008.<br /><br />"The Home Office's occupation list is usually out of touch with growing business needs and demand. The Supreme Court judgement may ensure that migrants are not denied a visa based on arbitrary lists produced by the Home Office," Amit Kapadia, executive director of HSMP Forum, told PTI after the court ruling.<br /><br />"The decision is good for democratic process and will let MPs debate and decide that the occupation lists are in accordance with the current business needs," he added.<br /><br />Hussain Zulfiquar Alvi came to the UK in 2003 as a student and stayed on after his studies to become a physiotherapy assistant.<br /><br />In 2009, he applied for further leave to remain under revised rules for migrant workers called the Points-Based System.<br /><br />The system, which came into force in 2008, uses points to calculate which migrants have the most skills and would be of most benefit to the UK.<br /><br />The Home Office said Alvi could not stay because he did not have enough skills to earn sufficient points.<br /><br /> However, Alvi said the decision was unlawful because Parliament had not actually scrutinised the specific Home Office-set rules relating to his occupation. </p>