Keys posts on Procedure

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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

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 leave to remain submitted from the UK (other than under the Points Based System) now cost £1,033. In addition, applicants may need to pay an Immigration H ...

10th August 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