All Articles: Procedure

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

Comment: 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 is UK immigration law 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 ...

15th December 2017 By

People accused of ETS 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

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

Khan case: 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

Home Secretary Amber Rudd announces review of Immigration Rules

The Home Secretary, Amber Rudd, has announced that the Law Commission will conduct a review of the Immigration Rules. The review came to light in Rudd’s oral evidence to the Home Affairs Select Committee on 17 October but Law Commission staff ha ...

26th October 2017 By

Upper Tribunal tackles “genuine entrepreneur” test

Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against ...

24th October 2017 By

“Good deeds” immigration lawyer struck off over judicial reviews

An immigration lawyer praised for his “good deeds” among the Chinese community has been struck off by the Solicitors Disciplinary Tribunal. Vay Sui Ip, a partner at Manchester firm Sandbrook Solicitors, was prosecuted by the Solicitors Reg ...

17th October 2017 By

Tribunal criticises government lawyers for “trench warfare” mentality and “inappropriate” conduct

In one of his final judgments as outgoing President, Mr Justice McCloskey launched a bitter broadside at the conduct of government lawyers in long-running litigation over the entry of refugee children. While the criticism of the solicitors at the Gove ...

9th October 2017 By

Tribunal can (but won’t) hold Home Office in contempt for ignoring consent orders

The facts of R (on the application of MMK) v Secretary of State for the Home Department (consent orders – legal effect – enforcement) [2017] UKUT 198 (IAC) involved the not uncommon scenario of the Home Office withdrawing its decision in ...

21st September 2017 By

Explainer: Can the Home Secretary really be guilty of contempt of court for breach of a court order?

The Home Office has been in the news for what one judge described as a “prima facie case of contempt of court.” Officials are reported to have breached multiple orders for the return of asylum seeker Samim Bigzad from Afghanistan to the U ...

18th September 2017 By

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