All Articles: Procedure

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

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

New fees for immigration and nationality applications come into effect on 6 April 2018. They represent an increase on the charges for 2017/18, although the rise is not so swingeing as in previous years. The eye-watering price of a dependent relative ...

4th April 2018 By

Guest post: are Home Office consent orders worth it?

A recent case shows that practitioners should beware the Home Office’s use of consent orders in judicial review claims, write Kim Renfrew and Naga Kandiah of MTC & Co. Solicitors. Our client SP is an asylum seeker of Sri Lankan origin. SP submit ...

23rd March 2018 By

President Lane takes fresh aim at flimsy judicial review grounds

At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely r ...

6th March 2018 By

Lawyers criticised for misleading court in bid to prevent high-profile removal

The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken plac ...

26th February 2018 By

Court of Justice clarifies Dublin III transfer procedure

When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160 ...

30th January 2018 By

How complex are the UK immigration rules and is this a problem?

One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is ...

24th January 2018 By

Returning from outside the UK to challenge deprivation of citizenship

What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicia ...

22nd January 2018 By

Court of Appeal gets it badly wrong on out-of-country appeals

When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the ...

18th January 2018 By

The Upper Tribunal’s costs appeal guidance has been overruled

Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a & ...

17th January 2018 By

Trafficking victim wins £260k damages, does not see a penny

How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Le ...

10th January 2018 By

Court of Appeal: visa conditions do not count unless notified in writing

Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to d ...

15th December 2017 By

People accused of TOEIC cheating have in-country right of challenge

The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge tha ...

5th December 2017 By

Failure to provide evidence of right to work not a fair reason to dismiss, says Employment Appeal Tribunal

Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right to work. The most typical example is where a client has submitted an application by post before the exp ...

4th December 2017 By

Expert reports in human rights cases must be up to scratch

In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article ...

1st December 2017 By

Solicitors unfit to practise can become regulated immigration advisers

A solicitor who is suspended from practice can nevertheless advise clients on immigration law. This simple but perhaps surprising fact was highlighted by a recent case before the Solicitors Disciplinary Tribunal in which an East London solicitor unsuc ...

30th November 2017 By

Never assume that the Secretary of State is aware of anything

Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that mak ...

29th November 2017 By

MK Pakistan: Sala overturned in the Court of Appeal

In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of an EEA citizen. The Court o ...

9th November 2017 By

Immigration appeal waiting times rise 13%, now take a year on average

The average immigration appeal takes almost 12 months to be resolved, up 13% on the same period last year. This is despite the fact that less than half as many people now have the chance to challenge Home Office decisions. The number of appeals handle ...

6th November 2017 By

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