In Ismaili v. M.C.I., Mr. Justice Cullen held that section 22 of the Regulations was ultra vires because the Act does not authorize delegated legislation for this purpose. He explained In my interpretation, section 22 of the Regulations should be read as only prescribing the factors to be considered on the health and safety issue. It is not applicable to determining whether the admission of any person would cause or might reasonably be expected to cause demands on health or social services. To that extent, section 22 of the Regulations is ultra vires the Immigration Act. Subparagraph 19(1)(a)(ii) of the Act must be interpreted without reference to the provisions of section 22 of the Regulations.
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