All Articles: Appeals

Patel pleads for time to stop Channel crossings

About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’ ...

5th October 2021 By

No blanket relief for appellants denied hearing under unlawful pandemic guidance

At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essen ...

27th September 2021 By

Home Office conceding 30% of appeals, Pres says

The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), puts the cheerful stat down t ...

23rd September 2021 By

Proposed code of conduct for Home Office Presenting Officers

One of the recommendations to the Home Office in a recent report by the immigration inspector was to “professionalise” Presenting Officers. Among the suggestions was that a code of conduct was necessary for Presenting Officers to establish ...

29th March 2021 By

Home Office urged to “professionalise” Presenting Officers

The Home Office should do more to “professionalise” the officials it sends to argue immigration cases in court, the immigration inspector has found. A report by the Independent Chief Inspector of Borders and Immigration, published today, s ...

11th January 2021 By

New research: 34 ways to improve asylum appeals

Much has changed about the way asylum appeals in the First-tier Tribunal operate this year. But research spanning 2013 to 2019 indicates that a reliably fair and effective asylum appeal system was some way off even before the pandemic hit. Today the U ...

17th December 2020 By

Your questions answered by a Home Office Presenting Officer

Home Office Presenting Officers are civil servants who represent the government in immigration appeals. Last month we ran an article by an anonymous HOPO describing how the immigration system looks from that side of the fence and inviting questions by ...

12th October 2020 By

I’m a Home Office Presenting Officer: ask me anything

We Presenting Officers can usually be put into two categories. The first group is unable to see anything wrong with any decision and will defend it at all costs. Although hopefully they’re few and far between, anyone with a bit of experience before ...

9th September 2020 By

You can’t just decide to not obey the law, immigration officials informed

On 4 August 2020, the Home Office issued new guidance to its civil servants on how to respond to immigration appeals that the department has lost. The 18-page document can be found here (pdf download). For the most part, the guidance is welcome. Anyon ...

7th August 2020 By

Immigration appeals are much more likely to succeed if there’s an oral hearing

With statistical assistance and input by George Symes. A person whose immigration application to the Home Office has been refused sometimes has a right of appeal. Prior to the Covid-19 pandemic, people essentially had a choice. Their appeal could be h ...

8th June 2020 By

Legal aid changes for online immigration appeals “will do irreparable harm”

Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’ Association (ILPA) says that adjustments to legal aid ...

19th May 2020 By

Immigration tribunal starting to cancel appeal hearings where bundles served late

The immigration tribunal is piloting a new system of automatically “de-listing” (judge-speak for cancelling or adjourning) appeal hearings where an appellant serves their bundle late. I’ve run into the pilot at Newport, but responses ...

6th June 2019 By

Five things the Daily Mail got wrong about immigration appeals

The toxic wasteland of the Daily Mail’s back catalogue on the topic of immigration needs no introduction. It is perhaps no great surprise that, asked to spend some time at Taylor House immigration tribunal recently, the pithy headline for Mail r ...

2nd November 2018 By

How to claim asylum in the UK

Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make this right a reality in practice, countries like the UK have set up systems by which people must ...

29th August 2018 By

Visit visa refusals: appeal or judicial review?

The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? T ...

14th August 2018 By

The public interest in deporting criminals: a triple threat

The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factua ...

3rd May 2018 By

Court of Appeal to Home Office: go away

When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This is what the Home Office did when applying for permission to appeal in Secretary of State for the Home Department v Barry ...

23rd April 2018 By

Upper Tribunal publishes new Afghanistan country guidance

The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the ...

18th April 2018 By

No right of appeal under EEA Regulations against notice of removal window

Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application ...

6th April 2018 By

Immigration appeal waiting times rise 13%, now take a year on average

The average immigration appeal takes almost 12 months to be resolved, up 13% on the same period last year. This is despite the fact that less than half as many people now have the chance to challenge Home Office decisions. The number of appeals handle ...

6th November 2017 By

Court of Appeal: private religious belief does not risk persecution

The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EW ...

23rd October 2017 By

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base

R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the ...

6th June 2017 By

Rules under which over 10,000 fast track asylum appeals decided declared unlawful

The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules ...

23rd January 2017 By

Success rate for oral compared to paper immigration appeals

What do you get for your money when you pay for an oral over a paper hearing in the immigration tribunal? Since the introduction of much higher appeal fees in October 2016, the price difference is now between £490 for an “on the papers” ...

16th November 2016 By