Keys posts on Procedure

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With remote hearings now routine, are out-of-country appeals still unfair?

In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw in the wind suggesting that it will be harder to argue the unfairness of out-of-country ap ...

17th May 2021 By

Judges can decide after the hearing whether an out-of-country appeal is fair

Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable f ...

6th May 2021 By

Costs in immigration judicial reviews

Procedure-wise, immigration judicial reviews don’t tend to be that speedy. When you get to the end of the road, you may have run out of steam when it comes to settling the issue of costs. But if applicant / appellant representatives are to make it w ...

14th April 2021 By

Brexit, costs and Dublin III judicial reviews

As we continue to grapple with the impact of Brexit, my colleagues and I experienced an increase in Dublin III certification and removal cases at the tail end of last year. In many of those cases, removal directions were deferred and certification dec ...

8th April 2021 By

Confirmed: no right of appeal where limited instead of indefinite leave is granted

When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held President Lane of the Upper Tribunal last year in the case of Mujahid [2020] UKUT ...

7th April 2021 By

Immigration and nationality fees for 2021/22

The updated list of fees for immigration and nationality applications that apply from 6 April 2021 shows that all remain unchanged from last year. This marks the third financial year running that headline application fees have been largely frozen, ha ...

6th April 2021 By