All Articles: Procedure

Statement of changes to the Immigration Rules: HC877

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Thos ...

11th March 2016 By

No special rule for public authorities in litigation

In the case of Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 the claimant was a Pakistani national aged 70. She had applied for leave to remain in the UK, her application had been refused by the Home Office and she had appeal ...

7th March 2016 By

High Court finds Claimants grounds of appeal are “plainly right”, despite refusals of permission by both the FTT and UT

The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal ...

2nd March 2016 By

Massive increase in family immigration fees for 2016-17

UPDATE: for the fees for 2017-18 see here. The Home Office first proposed and is now going ahead with a massive 25% increase in already high immigration application fees for families for the year 2016-17. The changes will be implemented on 18 March ...

2nd March 2016 By

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor

Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the ...

29th February 2016 By

Proper reasons must be given for totally without merit certificates

The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a judge who refuses permission for an application for judicial review on the papers and it ...

11th February 2016 By

Upper Tribunal criticises Home Office for unfair and unrealistic appeals

In the case of VV (grounds of appeal) [2016] UKUT 53 (IAC) (13 November 2015) the Upper Tribunal yet again criticises Home Office conduct of appeals to the Upper Tribunal against decisions of the First-tier. This case comes on top of Nixon (permissi ...

9th February 2016 By

Upper Tribunal emphasises again that out of country appeal is adequate remedy

A Tier 4 student prohibited from working was accused of the Home Office of breach of his conditions of leave by taking part time employment. A decision was taken to remove him under the pre-Immigration Act 2014 version of section 10 of the Immigratio ...

21st January 2016 By

Upper Tribunal cases on fair hearings in immigration cases

Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading. Firstly, the headnote from AM (fair hearing) Sudan [2015] UKUT 656 (IAC): (i) Independent judicial research is inappropriate. It is n ...

13th January 2016 By

Upper Tribunal latest on ETS appeals and common costs orders

I am starting to detect subtle* signs that the Upper Tribunal is unimpressed by attempts to litigate ETS cases from within the UK. These are the cases where a person stands accused (on unknown, undisclosed evidence) of cheating in English language te ...

7th January 2016 By

Costs protection in the Upper Tribunal for legally aided and other litigants

With many thanks to the excellent and eagle-eyed Tim Buley of Landmark Chambers, this post covers the procedural protections against costs orders for legally aided and other litigants in the Upper Tribunal. This is a major issue in judicial review pro ...

17th December 2015 By

Waiting for legal aid not an excuse for missing time limits

In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question of whether waiting for the outcome of an application for legal aid funding made to the Legal ...

14th December 2015 By

Upper Tribunal continues to refuse to enforce procedure rules against Home Office

In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants ...

2nd December 2015 By

Legal aid residence test found lawful by Court of Appeal

UPDATE 26/2/16: permission to appeal from the Court of Appeal has been granted so the Court of Appeal judgment will not be the last word. Supreme Court grants our client @publiclawprojct permission tochallenge racially discriminatory Residence Test: h ...

26th November 2015 By

President gives guidance on difference between human rights and public law challenges

The latest instalment of President McCloskey’s Massive Open Online Course (“MOOC“) on immigration judicial review is aimed as much at judges as lawyers. In R (on the application of SA) v Secretary of State for the Home Department (hu ...

4th November 2015 By

One party is more equal than others in the Upper Tribunal

Seasoned public law lawyers have felt for some time that it is far harder to succeed in immigration judicial review applications in the Upper Tribunal than it ever was in the High Court. Cases that would have been very likely to succeed will not only ...

9th October 2015 By

President gives guidance on guidance in latest instalment of online training course

In the latest instalment of the ongoing online training course delivered by President McCloskey via BAILII on the nature, scope and practice of appeal and judicial review proceedings in the Immigration and Asylum Chamber, ONM (Remittal to FtT with dir ...

22nd September 2015 By

No human rights in EEA appeals says Upper Tribunal

The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The determination is Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the offici ...

21st September 2015 By

The Immigration Bill 2015

The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyer ...

18th September 2015 By

High Court finds Legal Aid Agency “asked itself wrong question” about means assessment

In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA) of a legal aid claim by Duncan Lewis solicitors. The Legal Aid Agency should have considered whether the means assessme ...

8th September 2015 By

Sir Brian Leveson admonishes immigration solicitors

The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin ...

2nd September 2015 By

Precedent facts, standards of review and deception

It turns out that Zayn Malik, formerly of One Direction, knew how to quit while he was ahead. It is a rare talent not universally shared, as shown by a number of recent cases in the higher courts, one of the latest being R (On the Application Of Giri) ...

28th August 2015 By

Extending time limits for late appeals

The Upper Tribunal returns to the issue of extending time for late appeals in the case of RK (Allowed appeals – service on respondent) Albania [2015] UKUT 331 (IAC). The special pleading by the Home Office on this occasion is around the “agre ...

3rd July 2015 By

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