- 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
- No costs awarded despite “clearly unfounded” certification being withdrawn
- Tribunal opens door to awards of costs against Home Office for unreasonable behaviour
Tough 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 2019Extended family members denied an appeal can go ahead and lodge one
Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to du ...
24th June 2019Tribunal says no to return of fast track asylum appeals
Tribunal bosses have put their foot down on fast track asylum appeals, refusing the government’s push for an accelerated process for appellants in immigration detention. The Tribunal Procedure Committee said that it would not be re-introducing a ...
12th June 2019