- 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
Disclosure of documents from family court proceedings
The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated m ...
9th October 2019Briefing: How expensive are UK immigration applications and is this a problem?
The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settleme ...
3rd September 2019Government 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 2019