All Articles: Appeals

Awards of costs in immigration tribunal appeals

For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), ...

17th October 2014 By

Immigration Act 2014 appeals provisions commence 20 October 2014

Sweeping changes to appeal rights, a new non independent “administrative review” procedure and further changes to deportation appeal rights are taking effect on 20 October 2014, at least in some cases. This post will be updated as and when ...

16th October 2014 By

Compensation awarded for hearing cancelled at short notice

Given my experience on the float list at Hatton Cross this week, this successful complaint to the Parliamentary and Health Ombudsman makes very interesting reading. An award of £3,600 plus interest for legal costs and £100 for inconvenience was made ...

22nd August 2014 By

Irreversible harm

From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks r ...

21st August 2014 By

Float list

Want to know what it was like stuck on the float list at Hatton Cross today? Read Emily Dugan’s excellent write up in The Independent. We weren’t the only ones. Several cases were adjourned off to future dates, including cases in which my ...

19th August 2014 By

Appeals provisions of the Immigration Act 2014

The most devastating aspect of the Immigration Act 2014 (“2014 Act”) is the brutal scything of appeal rights. The Government has triumphantly declared that it has reduced the number of appeal rights from 17 (the number of immigration decisions in ...

19th August 2014 By

“No right of appeal” human rights decisions

There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry the right of appeal. In recent years the prevailing tendency has ...

2nd June 2014 By

Appeals and the Immigration Bill

The new Immigration Bill (see Ronan’s previous post “Summary of clauses“) is so packed with nastiness that some really unpleasant parts of it – perhaps the whole of it – will make it to the statute book. No mainstream politician ...

31st October 2013 By

Tony Blair (Hansard vol 213, col 43, 2 November 1992)

When a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction. That is true not merely of immigration officers but of anybody. The immigration officer who knows that his decisi ...

10th October 2013 By

Evidence in retained rights of residence cases

This post is definitely one for the lawyers, I’m afraid, as it concerns an important but difficult to explain area of European Economic Area free movement law: obtaining evidence in retained rights of residence cases. A few weeks ago my roommate ...

20th August 2012 By

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