Archives For Tribunal
The Upper Tribunal has in a new judgment now set out how it will deal with the vast majority of judicial reviews in which the Home Office fail to provide a timely Acknowledgment of Service. The ruling almost entirely follows the form anticipated in our blog post following the hearing.
The most surprising feature of the final form of the judgment is that, despite a pretty clear indication at the hearing that these ‘special arrangements’ would have a clear end date following which the ordinary rules would apply, upon reflection this has been watered down to keeping the arrangements ‘under regular review’. Despite the commitments made in Singh, and further claims before the hearing to be getting to grips with the backlog and that further improvement would soon follow, the Tribunal treated the promises of progress with some scepticism, and the Home Office was constrained to accept that the reality is that delays will continue for many months. Continue Reading…
This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably in this instance it was because of likely public interest in the final outcome rather than the procedural issues arising. It does seem to me, anecdotally, that the Judicial Office has recently released several cases where Home Office appeals against deportation orders were dismissed.
This case too ends with a good result for the appellant.
It is sad when a judge tasked with deciding whether a British pensioner should live out his last days with his wife or without comments that
this was a very run of the mill case
Maybe for the judge. In which case the judge should consider his or her position as a judge. It certainly is not ‘run of the mill’ for those affected. Unfortunately, this patrician insouciance when determining other people’s lives infects many who work in immigration law.
In this case Cranston J goes on to comment that the pensioner concerned only “relatively recently became a British citizen”. He is but a ‘Plastic Brit‘, as The Daily Mail would say.
MK (duty to give reasons) Pakistan  UKUT 641 (IAC) is a corker of a decision from the incoming new President of the Immigration and Asylum Chamber of the Upper Tribunal, Mr Justice McCloskey. It is well worth a detailed read. Here, I just set out a few of the edited highlights. Continue Reading…