Are asylum appeal hearings the same wherever they are heard?
30 November 2013
3 Comments
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal
Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer.
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national
We are all very proud at Garden Court Chambers that the fantastic and inspiring Stephanie Harrison QC last night won Liberty‘s Human Rights Lawyer of
Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number
Interesting, reflective piece in The Guardian by Jon Henley on use of walls in the era of globalisation: ‘Something there is,” runs a line from
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a
Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of
Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil
I contributed a piece for this and can also recommend the pieces by the excellent Giles Peaker and Dan Bunting on their legal blogs, Nearly
In R (Ignaoua) [2013] EWHC 2512, the Administrative Court held that under powers conferred by section 15 Justice and Security Act 2013 the Secretary of State
By choice they made themselves immune/To pity and whatever mourns in man/Before the last sea and the hapless stars A few weeks ago I spent a
On Wednesday 23rd October 2013, Parliament’s Joint Committee on Human Rights heard oral evidence on the government’s latest proposals to cut legal aid. The evidence
Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This
The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with and replacement with ‘Administrative Review’ by one
The Immigration (EEA) Regulations 2006, Regulation 10(5)(d)(iv) provides for the continued right of residence of family members of EEA nationals exercising Treaty rights in the
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent and fair irrespective of which court it is and where it is. Yet a Freedom of Information Act 2000 request made by academics at the...
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 requires that the First-tier...
Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer. They concern life itself and will often involve a miserable, painful death if unsuccessful. The claimant and his or her family will be understandably desperate...
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that...
We are all very proud at Garden Court Chambers that the fantastic and inspiring Stephanie Harrison QC last night won Liberty‘s Human Rights Lawyer of the Year award. She was cited for her prowess as an advocate for human rights and commitment to progressing the rights of immigrants and asylum...
Last week, the Supreme Court handed down judgment in Patel, Alam & Anwar v SSHD [2013] UKSC 72, in which Lord Carnwath decided a number of important points affecting the way in which such Article 8 of the European Convention on Human Rights ‘fallback’ arguments are to be decided.
...Interesting, reflective piece in The Guardian by Jon Henley on use of walls in the era of globalisation: ‘Something there is,” runs a line from Robert Frost’s poem Mending Wall, “that doesn’t love a wall.” But for as long as mankind has been building, we have been building walls: around...
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European...
Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of the armed forces, forcing many such families to separate if the soldier is stationed to the UK. Ending the concession and bringing soldiers...
Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (previous post: “New Sri Lankan Country Guidance“). A copy of the Order granting permission can...
I contributed a piece for this and can also recommend the pieces by the excellent Giles Peaker and Dan Bunting on their legal blogs, Nearly Legal and UK Criminal Law Blog. Check out the rest of the ever interesting Internet Newsletter for Lawyers while you are there.
...In R (Ignaoua) [2013] EWHC 2512, the Administrative Court held that under powers conferred by section 15 Justice and Security Act 2013 the Secretary of State can automatically and unilaterally terminate qualifying judicial review proceedings. The appeal hearing concerning this controversial ruling is imminent. The Claimant was a Tunisian national...
By choice they made themselves immune/To pity and whatever mourns in man/Before the last sea and the hapless stars A few weeks ago I spent a Friday evening reading through some of the war poems of Wilfred Owen and Siegfried Sassoon. I was trying to get to grips with a case...
On Wednesday 23rd October 2013, Parliament’s Joint Committee on Human Rights heard oral evidence on the government’s latest proposals to cut legal aid. The evidence was clear. Those that will suffer the most from the proposals are society’s most vulnerable groups – children, care leavers, and victims of sexual abuse...
Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This report states the reasons why immigration officials believe the document is false. It is vital that an applicant suspected of deception can answer the charge,...
The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with and replacement with ‘Administrative Review’ by one of its own staff. Immigration appeals have almost a 50% success rate according to the Government’s own figures: A recent Freedom of Information request I...
The Immigration (EEA) Regulations 2006, Regulation 10(5)(d)(iv) provides for the continued right of residence of family members of EEA nationals exercising Treaty rights in the UK whose relationships have ended due to domestic violence, whilst it does not afford the same right of continued residence to unmarried partners of EEA...