All Articles: Procedure

Inner House ducks test case on judicial review time limits

In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applicat ...

15th September 2020 By

Fee waiver policy: who qualifies and what does the Home Office guidance say?

Fees for immigration applications have increased sharply in recent years. Most applications for leave to remain submitted from the UK (other than under the Points Based System) now cost £1,033. In addition, applicants may need to pay an Immigration H ...

10th August 2020 By

When are costs in a Cart type judicial review decided?

The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for expenses in Cart/Eba type judicial review cases. The Court of Appeal has confirmed that the issue of co ...

31st July 2020 By

The new normal: what to expect in a socially distanced immigration hearing

As the immigration tribunal begins to reopen and cases are listed for what have become known as face-to-face hearings, lawyers, clients, witnesses and supporters, and any other court user, will need to know what to expect. Local practices may vary a ...

23rd July 2020 By

Appeals repair procedural unfairness in tax discrepancy cases

In the case of Ashfaq (Balajigari: appeals) [2020] UKUT 226 (IAC), the Upper Tribunal reiterates its previous findings that First-Tier Tribunal hearings provide appellants with the necessary opportunity to rebut findings of dishonesty by the Home Offi ...

21st July 2020 By

Judge orders Home Office to bring asylum seeker back to the UK

The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed to Nigeria in March 2018. The judgment is R (L) v Secretary of State for the Home Department [202 ...

13th July 2020 By

Appealing a refusal of permission for judicial review in Scotland

Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We have the “reclaiming motion”. “Court of Appeal ...

30th June 2020 By

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

25th June 2020 By

When is a policy not a policy? Tribunal tackles law on disclosure

BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considere ...

22nd June 2020 By

Immigration appeals are much more likely to succeed if there’s an oral hearing

With statistical assistance and input by George Symes. A person whose immigration application to the Home Office has been refused sometimes has a right of appeal. Prior to the Covid-19 pandemic, people essentially had a choice. Their appeal could be h ...

8th June 2020 By

Immigration application fee destitution policy found unlawful

The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judg ...

21st May 2020 By

Legal aid changes for online immigration appeals “will do irreparable harm”

Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’ Association (ILPA) says that adjustments to legal aid ...

19th May 2020 By

“Slip rule” can be used to allow an appeal dismissed by accident

“Devani” in my native language of Punjabi/Urdu roughly translates as “crazy” or “mad”. An apt name for the case of Devani [2020] EWCA Civ 612, because it’s never promising when a judgment starts by saying “this appeal has a complic ...

14th May 2020 By

You can carry on with an old-style EU law appeal even if granted settled status

The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC) following on the heels of MSU and Aziz. This time the facts concern an appeal ...

5th May 2020 By

Fellow worshippers can’t give “expert evidence” on religious conversion, tribunal holds

Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one concerning religious conversion cases and the other concerning clerical errors in a ...

24th April 2020 By

Judge rebuked for adjourning case during cross-examination

The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC), the President and Vice President of the Upper Tribunal prov ...

22nd April 2020 By

Costs against the tribunal after it tries to ban solicitors from Birmingham

D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is a dispute between a well-known immigration law firm, Duncan Lewis, and the President of the First-ti ...

9th April 2020 By

Section 104 abandonment still kicks in for appeals resurrected by Cart judicial review

The Upper Tribunal has again considered section 104 of the Nationality, Immigration and Asylum Act 2002. Following on from the case of MSU, which I wrote about here, we have Aziz (NIAA 2002 s 104(4A): abandonment) [2020] UKUT 84 (IAC). The official he ...

8th April 2020 By

Immigration and nationality fees unchanged for 2020/21

The updated list of fees for immigration and nationality applications that apply from 6 April 2020 shows that all remain unchanged from last year. The amount the Home Office charges to process visa, settlement and citizenship applications had been ri ...

6th April 2020 By

Not unfair to proceed with hearing after appellant’s lawyer stormed out, tribunal finds

Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In res ...

2nd April 2020 By

What happens when a variation application is invalid?

This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC). Mr Bajracharya made an application to remain in the UK on the basis of hi ...

1st April 2020 By

Home Office can ignore human rights claims bolted on to normal immigration applications

The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of domestic abuse, and in appeal rights more generally. The Upper Tribunal has ruled that the Home Office can ...

30th March 2020 By

Remote hearings in the immigration tribunal: what could possibly go wrong?

Over recent weeks we have all had to spend more of our personal and professional lives online. The justice system is also shifting towards holding hearings via live video or audio link wherever possible. Taking stock of what we stand to lose from the ...

27th March 2020 By

You can now raise new matters before the Upper Tribunal

In Birch (Precariousness and mistake; new matters : Jamaica) [2020] UKUT 86 (IAC) the Upper Tribunal looks at the “precarious leave” provisions where a person wrongly believed that they had indefinite leave to remain. It also identifies a loophole ...

26th March 2020 By

Home Office aims to completely rewrite “confusing” Immigration Rules by January 2021

The Home Office has accepted the need to simplify the “complex and confusing” Immigration Rules and says that the work is already underway. In an official response to the Law Commission’s recent report on the subject, the department ...

25th March 2020 By

Leave in a time of corona: can the Home Office grant blanket visa extensions?

With international travel closing down due to the coronavirus it is becoming not just unwise but impossible to move from some countries to others. Even if inbound flights are not banned by a country, airlines are finding it increasingly difficult to k ...

20th March 2020 By

How I got the Home Office to fix its online application forms

You’ve met with your client, taken detailed instructions and advised them on the intricacies of the Immigration Rules, the maze of policy guidance and possibly even made highfalutin’ reference to case law relevant to their situation. Now you ...

6th March 2020 By

Abandonment of appeals and section 104 notices

MSU (S.104(4b) notices) Bangladesh [2019] UKUT 412 (IAC) considers section 104 of the Nationality, Immigration and Asylum Act 2002 (as heavily amended), which says that an appeal shall be treated as abandoned if the appellant is granted leave to enter ...

31st January 2020 By

Tribunal takes trip down memory lane with student visa appeal

The headnote of Rana (s. 85A; Educational Loans Scheme) Bangladesh [2019] UKUT 396 (IAC) deals with two matters: 1. There was nothing in s 85A of the 2002 Act preventing the Secretary of State from adducing evidence. 2. The requirement to show that a ...

21st January 2020 By

Court of Session clarifies time limits for judicial review challenges in Scotland

In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for raising judicial review proceedings starts on the date of the decision, even though the person affected may not h ...

14th January 2020 By

Vulnerable adults in the immigration tribunal

In SB (vulnerable adult: credibility) Ghana [2019] UKUT 398 (IAC) the Upper Tribunal has provided a steer on how immigration judges should approach evidence given by vulnerable adults, in addition to that provided in the Joint Presidential Guidance No ...

9th January 2020 By

Schrödinger’s appeal

Can an appeal be both finally determined and pending at the same time? This conundrum, akin to Erwin Schrödinger’s famous thought experiment involving a cat in a box with a lethal substance, was tackled by the Upper Tribunal in Niaz (NIAA 2002 s. 1 ...

7th January 2020 By

Duty to court means citing authorities against you, immigration lawyers told

The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the equivalent of a judicial smack on the hand. It is another reminder of the importance of wha ...

6th January 2020 By
1 2 3 4 5 6 11