Keys posts on Procedure

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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

Judge orders Home Office to bring asylum seeker back to the UK

The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed to Nigeria in March 2018. The case involved a mix of unfortunate administrative errors, inexplica ...

13th July 2020 By

Appealing a refusal of permission for judicial review in Scotland

Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We have the “reclaiming motion”. “Court of Appeal ...

30th June 2020 By

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

25th June 2020 By

When is a policy not a policy? Tribunal tackles law on disclosure

BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considere ...

22nd June 2020 By