All Articles: Procedure

Brexit, costs and Dublin III judicial reviews

As we continue to grapple with the impact of Brexit, my colleagues and I experienced an increase in Dublin III certification and removal cases at the tail end of last year. In many of those cases, removal directions were deferred and certification dec ...

8th April 2021 By

Confirmed: no right of appeal where limited instead of indefinite leave is granted

When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held President Lane of the Upper Tribunal last year in the case of Mujahid [2020] UKUT ...

7th April 2021 By

Immigration and nationality fees for 2021/22

The updated list of fees for immigration and nationality applications that apply from 6 April 2021 shows that all remain unchanged from last year. This marks the third financial year running that headline application fees have been largely frozen, ha ...

6th April 2021 By

Censure of lawyers over asylum camp case shows difficulty of systemic litigation

The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at a converted military barracks holding asylum seekers, but concluded that the case was not serious enough to wa ...

22nd March 2021 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 permission to remain in the UK (other than under the Points Based Immigration System) now cost £1,033. In addition, applicants may need to pay an Immigrat ...

15th March 2021 By

Policy on fee waivers for entry clearance is unlawful, government concedes

In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful.  Fee waiver policies At time of writing, the relevant guidance states ...

8th March 2021 By

Ignore what the Immigration Rules say about deportation, Upper Tribunal says

In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nat ...

16th February 2021 By

Upper Tribunal has no jurisdiction to correct appeal deadline error

Ndwanyi (Permission to appeal; challenging decision on timeliness) Rwanda [2020] UKUT 378 (IAC) is about how a respondent can challenge a decision that an application for permission to appeal is in time, when in fact it is not in time. In this case th ...

29th January 2021 By

The problem with “simplifying” immigration law

Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify it. This is a good thing. But has it been successful? Different types of compli ...

30th December 2020 By

How new visa rules on invalidity will create more overstayers

The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permissi ...

23rd December 2020 By

Country guidance changes affect pending decisions if not already sent out to the parties

Pending asylum appeals in Scotland can be affected by changes to country guidance right up to the point when they are sent out to the parties to the case, even if the judge has already signed off on his or decision, according to the Upper Tribunal in ...

22nd December 2020 By

New Civil Procedure Rules on translating witness statements catch claimant out

In April 2020, the Civil Procedure Rules were updated with significant changes made to the rules about witness statements filed by non-English speakers. The new rules are of obvious interest to immigration lawyers and Diamond v Secretary of State for ...

9th December 2020 By

Immigration and nationality fees unchanged for 2020/21

The list of fees for immigration and nationality applications was updated on 1 December 2020 to reflect the new or rebranded visa routes introduced on that date. The actual amounts are unchanged, though, and indeed application fees have mostly been f ...

8th December 2020 By

Number of immigration cases heard by the Court of Appeal to be radically cut

The government wants to make it much harder to appeal from the tribunal system to the Court of Appeal. The Ministry of Justice is consulting on changes — sorry, “reforms” — where appeals that have already been heard in both the ...

3rd December 2020 By

Six ways the pandemic has actually improved the immigration system

2020 has presented huge challenges for people trying to navigate the immigration system, for immigration advisers trying to support them, and for the Home Office and the courts. At Greater Manchester Immigration Aid Unit (GMIAU) we’ve analysed six i ...

2nd December 2020 By

How to make complaints against the Home Office

Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who have the unenviable job of fielding complaints about their colleagues from irate migrants and their lawyers, t ...

30th November 2020 By

Court of Appeal reverts to Home Office-friendly approach to service of decision letters

The Court of Appeal has decided in Alam v Secretary of State for the Home Department [2020] EWCA Civ 1527 that sending a decision letter to a person’s last known address will generally be sufficient proof that the letter has been received. To prove ...

23rd November 2020 By

Pandemic rules for immigration appeals declared unlawful

The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the Upper Tribunal’s guidance leans too heavily in ...

20th November 2020 By

No procedural unfairness in refusing work visa where sponsor doesn’t engage

In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an immigration application decided by the Home Office? Is it procedurally unfair for the Hom ...

18th November 2020 By

Supreme Court finds treatment of skilled worker unfair

The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as ...

23rd October 2020 By

New, improved English language requirements for immigration applications

The joy of working in immigration law is writing a 4,000 word briefing on the English language requirement, only to see a new provider added to the list three days after it is published, before an entirely new English language section of the Immigrati ...

23rd October 2020 By

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

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
1 2 3 4 5 6 12