- Government can be liable for costs in Cart type judicial review cases
- No costs awarded for successful unlawful detention claim
- Court of Appeal guidance on costs in ETS cases
- Failure to carry out proper medical assessment makes detention unlawful
- New guidance on costs awards against the Home Office could transform immigration appeals
Government can be liable for costs in Cart type judicial review cases
The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and A ...
22nd August 2019Home Office gets extra time to acknowledge service of judicial reviews
In immigration law, deadlines are important. They also frequently cause confusion. Sound familiar? That may be because this is how I began a post last month following the Upper Tribunal case of Bhavsar. The Upper Tribunal has now published another cas ...
19th July 2019Tough approach on admitting new evidence before the Upper Tribunal
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162, ...
16th July 2019New Upper Tribunal guidance on “cross appeals” and jurisdiction in EEA deportation cases
In Smith (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct p ...
12th July 2019Irritated Court of Appeal takes judges and lawyers to task over immigration appeals
In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri La ...
8th July 2019Upper Tribunal sets new procedure for missed appeal deadlines
In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal ...
28th June 2019