For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), specifically by rule 9. The new rules come into effect on 20 October 2014 and apply immediately to any outstanding or future immigration appeal.
One important consequence to note of the change to the procedure rules to the First-tier Tribunal Immigration and Asylum Chamber is that the Upper Tribunal also inherits the same power to award costs, presumably also as of 20 October 2014 given the commencement of the FTT rules. See rule 10(1)(b) of the Tribunal Procedure (upper Tribunal) Rules 2008 as amended.
I have already signposted the key raw materials but the detail of my analysis and research is available to logged in Free Movement Members only. The current text is unfinished but I hope still useful – I will improve it and then expand the material into a training course to help with CPD requirements in the next few days (and to cover costs cases in immigration judicial review) but wanted to get the material out there as soon as possible given that costs can be awarded from next Monday.