- 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- No costs awarded despite “clearly unfounded” certification being withdrawn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
- Court of Appeal to Home Office: go away
- President Lane urges caution in making awards of costs against Home Office
Comment: migrants need the right to work while fighting immigration cases
I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain to migrants because of alleged discrepancies between their tax returns to HMRC and t ...
28th August 2018Upper Tribunal’s error of law reasoning can very rarely be altered when a decision is re-made
In AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC) the determination makes heavy weather of restating some settled principles of law and practice. The judge granting permission to appeal to the Upper Tribunal had raised the q ...
8th August 2018Of course an online immigration application is valid, Court of Appeal says
R (Singh) v The Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appell ...
7th August 2018Upper Tribunal should correct its money laundering warning to immigration solicitors
R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the recent line of ‘Hamid’ cases in which the High Court and Upper Tribunal metaphorically publicly ...
1st August 2018Litigation privilege in the First-tier Tribunal
Those who were present at the recent Administrative Law Bar Association breakfast meeting on costs in judicial review will recall Alison Pickup, Legal Director of the Public Law Project, reminding us that Judicial Review in the Upper Tribunal is not t ...
26th July 2018The ETS English language testing saga is over
The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...
25th July 2018