All Articles: Procedure

Family of four face removal for failing to tick box on visa application form

Invalid applications: in recent years, this has become one of the trickiest and dense parts of our immigration law. It’s one of my favourite areas because it’s so interesting and technical (as those of you who attended the Immigration Law Mastercl ...

13th November 2018 By

The new UK in-country visa application system

On 2 November 2018, UK Visas and Immigration launched a new system for visa applications made within the UK. It involves an overhauled online application process and new Visa and Citizenship Application Service centres operated by outsourcing firms S ...

12th November 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

Above-inflation increase in immigration and nationality fees for 2018/19

New fees for immigration and nationality applications came into effect on 6 April 2018 and a slightly expanded list of fees applies from 8 October 2018. This post, originally published in April but now updated to reflect those mid-year additions, show ...

20th September 2018 By

Comment: migrants need the right to work while fighting immigration cases

I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain to migrants because of alleged discrepancies between their tax returns to HMRC and t ...

28th August 2018 By

Upper Tribunal’s error of law reasoning can very rarely be altered when a decision is re-made

In AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC) the determination makes heavy weather of restating some settled principles of law and practice. The judge granting permission to appeal to the Upper Tribunal had raised the q ...

8th August 2018 By

Of course an online immigration application is valid, Court of Appeal says

R (Singh) v The Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appell ...

7th August 2018 By

Upper Tribunal should correct its money laundering warning to immigration solicitors

R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the recent line of ‘Hamid’ cases in which the High Court and Upper Tribunal metaphorically publicly ...

1st August 2018 By

Litigation privilege in the First-tier Tribunal

Those who were present at the recent Administrative Law Bar Association breakfast meeting on costs in judicial review will recall Alison Pickup, Legal Director of the Public Law Project, reminding us that Judicial Review in the Upper Tribunal is not t ...

26th July 2018 By

The ETS English language testing saga is over

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...

25th July 2018 By

President Lane denies tribunal operates on “unwritten rules”

The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision ...

10th July 2018 By

Where are we at with out-of-country appeals? The aftermath of Kiarie and Byndloss

The new case of QR (Pakistan), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infam ...

9th July 2018 By

Tribunal belatedly ends Home Office exemption from judicial review time “rules”

Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” ...

25th June 2018 By

Leave to remain application date: how to calculate it and why it is important

You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in some cases, th ...

8th June 2018 By

No costs awarded despite “clearly unfounded” certification being withdrawn

In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting ...

4th June 2018 By

Strasbourg gets strict with non-exhaustion of domestic remedies

The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedie ...

29th May 2018 By

Tribunal opens door to awards of costs against Home Office for unreasonable behaviour

A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision be ...

23rd May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

High Court’s denunciation of immigration lawyers will have a chilling effect

A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulat ...

27th April 2018 By

Tribunal finally asks: what is a human rights appeal anyway?

Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? Th ...

16th April 2018 By

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