All Articles: Procedure

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

No absolute confidentiality for asylum information in family cases

The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One such is the recent case of R v Secretary of State for the Home Department (Disclosure of Asyl ...

30th December 2019 By

Avoiding the naughty step in Cart judicial review cases

On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”.  Unaware at the start of t ...

9th December 2019 By

National security court slams immigration lawyers

The secretive court that hears immigration and nationality cases with a national security element has hit out at lawyers for failing to follow its rules. A Special Immigration Appeals Commission practice note, published on 4 December, slams the work o ...

6th December 2019 By

Appeal overturned after bus stop rant by court interpreter

An asylum appeal by an Eritrean woman, initially rejected by an immigration judge, has been overturned by the Upper Tribunal after it emerged the court interpreter embarked on a political rant to the woman’s barrister at the bus stop outside court a ...

29th November 2019 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 most cases, th ...

29th November 2019 By

Invalid applications: beware of old demons coming back to haunt you

There’s been a lot written on this blog recently about overstaying. Why do we keep banging on about it, you may ask? Because even a short period of technical overstaying, even if entirely innocent and endorsed by the Home Office, can cause problems ...

28th November 2019 By

A respondent cannot withdraw an appeal, confirms the Upper Tribunal

“Be careful what you wish for!”, could be the headline for the case of Ahmed (rule 18; PTA; Family Court materials) Pakistan [2019] UKUT 357 (IAC). Haseeb Ahmed, a Pakistani citizen, was initially refused an application for leave to remain by the ...

26th November 2019 By

The importance of keeping the Home Office up to date

What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK? The answer to this question depends on what attempts were made to send the decision to the person and whe ...

12th November 2019 By

Disclosure of documents from family court proceedings

The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated m ...

9th October 2019 By

Briefing: How expensive are UK immigration applications and is this a problem?

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settleme ...

3rd September 2019 By

Government can be liable for costs in Cart type judicial review cases

The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and A ...

22nd August 2019 By

Home Office gets extra time to acknowledge service of judicial reviews

In immigration law, deadlines are important. They also frequently cause confusion. Sound familiar? That may be because this is how I began a post last month following the Upper Tribunal case of Bhavsar. The Upper Tribunal has now published another cas ...

19th July 2019 By

Tough approach on admitting new evidence before the Upper Tribunal

The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. ...

16th July 2019 By

New Upper Tribunal guidance on “cross appeals” and jurisdiction in EEA deportation cases

In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct proc ...

12th July 2019 By

Irritated Court of Appeal takes judges and lawyers to task over immigration appeals

In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri La ...

8th July 2019 By

Upper Tribunal sets new procedure for missed appeal deadlines

In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal ...

28th June 2019 By

Extended family members denied an appeal can go ahead and lodge one

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to du ...

24th June 2019 By
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