Keys posts on Procedure

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Court of Appeal confirms that 3C leave can be revived

When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s v ...

31st August 2021 By

Deported murderer loses anonymity

Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful hu ...

18th August 2021 By

Upper Tribunal forced to U-turn on “new matters” appeal loophole

In Hydar (s 120 response; s 85 “new matter”: Birch) [2021] UKUT 176 (IAC), the Upper Tribunal has done an unwilling U-turn on the earlier case of Birch (precariousness and mistake; new matters) [2020] UKUT 86 (IAC). Raising “new matters” in a ...

9th August 2021 By

Unnecessary fees for overseas acts heap fresh misery on live entertainment sector

It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU ac ...

3rd August 2021 By

Judicial Review Bill to abolish most Cart cases

The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an appeal reopened if rejected by both chambers of the immigration tribunal. This is the process known to lawye ...

22nd July 2021 By

Briefing: the Nationality and Borders Bill, Part 5

We round off our coverage of the Nationality and Borders Bill, the second reading of which continues today, with Part 5. This consists of eight “miscellaneous” clauses. Four of them are what the House of Commons Library describes as “placeholder ...

20th July 2021 By