All Articles: Procedure

Immigration tribunal President blasts lawyers in sex grooming gang appeal (updated)

President McCloskey has blasted the “cavalier and unprofessional” lawyers for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC). The case ...

13th January 2017 By

Parliamentary and Health Service Ombudsman upholds three in four complaints about the Home Office

The Parliamentary and Health Service Ombudsman has revealed that it upheld 75% of complaints made against the Home Office and Border Force last year: Incorrect decisions, delays and wrong advice are the top reasons for the Parliamentary and Health Ser ...

4th January 2017 By

Supreme Court criticises complexity of immigration rules (but dismisses case anyway)

The Supreme Court has given judgment in the case of Mirza v Secretary of State for the Home Department [2016] UKSC 63. The case concerned the effect of section 3C of the Immigration Act 1971 as amended and whether it extends leave where an applicant f ...

14th December 2016 By

“Remove first, appeal later” provisions in force from today: new guidance published

The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New co ...

1st December 2016 By

Form FLR(O) is dead. Long live forms FLR(HRO) and FLR(IR)!

Venerable Form FLR(O) is no more and has been withdrawn with effect from today, 1 December 2016. It has been replaced by two new forms:  FLR(HRO) broadly for applications outside the Immigration Rules based on human rights: discretionary leave (DL) ...

1st December 2016 By

Government reverses 500% immigration tribunal fee increases

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in ...

25th November 2016 By

Success rate for oral compared to paper immigration appeals

What do you get for your money when you pay for an oral over a paper hearing in the immigration tribunal? Since the introduction of much higher appeal fees in October 2016, the price difference is now between £490 for an “on the papers” ...

16th November 2016 By

New commencement order introduces out of country human rights appeals and more

The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/ ...

1st November 2016 By

Fees for EU nationals and others appealing immigration decisions increase over 500% today

As of today, 10 October 2016, it now costs £800 to lodge an appeal against an immigration decision where a proper oral hearing is requested. The change was announced on 15 September 2016 and the necessary legal change, the First-tier Tribunal (Im ...

10th October 2016 By

Online EEA permanent residence and European passport return service now available

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of wh ...

4th October 2016 By

Fresh claims *might* generate right of appeal after all

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: ...

26th September 2016 By

No right of appeal against refusals for extended family members rules tribunal

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended ...

21st September 2016 By

Immigration tribunal to be merged into unified online justice model?

In a joint statement made yesterday, the Lord Chancellor, Lord Chief Justice and Senior President of Tribunals announced that all courts and tribunals will be moving towards an online model and will also merge into a single justice system. The proposa ...

16th September 2016 By

Fees for Upper Tribunal judicial review applications rise again

Fees for judicial review applications hare risen yet again from today, Monday 25 July 2016. A new fees order was quietly laid last Friday: The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order ...

25th July 2016 By

Which sections of the Immigration Act 2016 are in force with what effect?

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. W ...

14th July 2016 By

Tribunal no longer able to allow or dismiss appeals under Immigration Act 2014 regime

Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in a new reported decision, Katsonga v Secretary Of State For The Home Departme ...

19th May 2016 By

Costs in public law cases: what counts as a win?

The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but in recent years we have seen some very low quality and controversial costs decisions at first ...

17th May 2016 By

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