All Articles: Procedure
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
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
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
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
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
No right of appeal against refusals for extended family members rules tribunal
In the case of Sala (EFMs: Right of Appeal : Albania)  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
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
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
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
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
Claimant duty of candour in judicial review proceedings
Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an important judgment on the same subject: R (on the application of Khan) v Secretary of State for the Home Department [2 ...9th May 2016
Immigration tribunal can appoint litigation friend despite no provision in the rules
In the recent case of R (on the application of C) v First-Tier Tribunal and Others  EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person ...27th April 2016
Massive increase in immigration appeal fees proposed
The Government is proposing a massive fivefold increase in immigration appeal fees in order to make the immigration tribunal the only part of the court and tribunal service entirely self funded by fees: We therefore propose increasing fees in the ...21st April 2016
Does limiting judicial resources change judicial behaviour?
In a VERY interesting paper, Robert Thomas of the University of Manchester analyses the statistics on judicial review cases since they were transferred from the Administrative Court to the Upper Tribunal. He finds that the number and proportion of cl ...19th April 2016