All Articles: Judicial review

Costs in immigration judicial reviews

Procedure-wise, immigration judicial reviews don’t tend to be that speedy. When you get to the end of the road, you may have run out of steam when it comes to settling the issue of costs. But if applicant / appellant representatives are to make it w ...

14th April 2021 By

Brexit, costs and Dublin III judicial reviews

As we continue to grapple with the impact of Brexit, my colleagues and I experienced an increase in Dublin III certification and removal cases at the tail end of last year. In many of those cases, removal directions were deferred and certification dec ...

8th April 2021 By

Cart cases scrapped as government launches judicial review consultation

The government has committed to scrapping Cart judicial review and is consulting on other changes to JR as part of its response to the report of the Independent Review of Administrative Law, both of which were published today. The abolition of the Car ...

18th March 2021 By

High Court finally calls time on asylum accommodation delays

Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin) the High Court has finally and emp ...

15th December 2020 By

Number of immigration cases heard by the Court of Appeal to be radically cut

The government wants to make it much harder to appeal from the tribunal system to the Court of Appeal. The Ministry of Justice is consulting on changes — sorry, “reforms” — where appeals that have already been heard in both the ...

3rd December 2020 By

Government can deport people who had successfully appealed against deportation

Last year, Nick wrote up the case of MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, summarising it as follows: If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even ...

4th November 2020 By

Inner House ducks test case on judicial review time limits

In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applicat ...

15th September 2020 By

I stopped two unlawful removals last week – how does that make me an “activist lawyer”?

On 26 August 2020 at 7:45, a flight chartered by the Home Office took off from Stansted airport, heading for France via Dusseldorf. The passengers were asylum seekers from countries such as Iran, Sudan and Yemen. A similar flight took off two weeks be ...

1st September 2020 By

Appealing a refusal of permission for judicial review in Scotland

Scottish litigation would not be the same unless we had fancy words for everything. “Judge”? – too plain. We have “Lord Ordinary”. “Appeal”? Pah! We have the “reclaiming motion”. “Court of Appeal ...

30th June 2020 By

Immigration application fee destitution policy found unlawful

The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judg ...

21st May 2020 By

How to write a pre-action letter that makes the Home Office change its mind

I have read a lot of pre-action letters in my time. And I have responded to a fair few too. For a couple of years I was a caseworker in the Home Office’s judicial review team, based in London, where I saw the weird, wonderful and lacklustre of writt ...

21st April 2020 By

Long waits for visa documents may give rise to compensation

The Home Office may have to pay compensation in the case of major blunders, the Court of Appeal has said in a significant new ruling, Husson v Secretary of State for the Home Department [2020] EWCA Civ 329. Challenging an impressive new low by the Hom ...

16th March 2020 By

Court of Session clarifies time limits for judicial review challenges in Scotland

In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for raising judicial review proceedings starts on the date of the decision, even though the person affected may not h ...

14th January 2020 By

Duty to court means citing authorities against you, immigration lawyers told

The Upper Tribunal clearly has a tough time getting into the holiday spirit. Ejiogu (Cart cases) [2019] UKUT 395 (IAC), reported just before Christmas, is the equivalent of a judicial smack on the hand. It is another reminder of the importance of wha ...

6th January 2020 By

Avoiding the naughty step in Cart judicial review cases

On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”.  Unaware at the start of t ...

9th December 2019 By

Asylum seeker with autistic child unlawfully housed in studio flat

The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Ad ...

29th October 2019 By

Student facing death penalty for ISIS membership stripped of British citizenship

A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British citizenship. The judgment, handed down yesterday and the first case of its kind in the High Court, is R (Islam) v Se ...

8th August 2019 By

Home 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 2019 By

“Torrent of time-wasting nonsense”: tribunal sends immigration adviser for OISC investigation

The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha &a ...

15th April 2019 By

More relief for legal aid lawyers: government gives ground on judicial review work

Hard on the heels of one legal aid climb-down by the Lord Chancellor comes another. The government has conceded that legal aid lawyers can be paid for their work on a judicial review case where the decision being challenged is withdrawn while an oral ...

14th March 2019 By

Don’t forget about Article 8 in asylum cases

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...

19th February 2019 By

Government to introduce appeal rights for extended family members

The Secretary of State has confirmed that he intends to introduce appeal rights for extended family members of EEA nationals who have been refused a residence card. The government will lay legislation amending the Immigration (European Economic Area) ...

14th January 2019 By

Tribunal calls for sensible approach to evidence justifying late applications

Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible not to feel deep admiration for Ms Prathipati. The 28-year-old Indian citizen appear ...

21st December 2018 By

Rolling review can be appropriate, Court of Appeal holds

Many of us have been in the situation where, having challenged the opening of a removal window without a decision having made on an outstanding human rights claim, an 11th hour decision comes from the Secretary of State, along with submissions that ou ...

14th December 2018 By

Tribunal President says bus drivers and brain surgeons to be treated the same

Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...

17th October 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

Part of the British Nationality Act 1981 found incompatible with human rights law

It is said to be a wise child who knows his own father. It might be thought, having read the facts of this case, that it is an even wiser child who knows who is deemed to be her father for the purposes of the British Nationality Act 1981… The openin ...

30th July 2018 By

Litigation 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 2018 By

Tribunal belatedly ends Home Office exemption from judicial review time “rules”

Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” ...

25th June 2018 By

When law and politics collide: Brexit in the Court of Session

The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...

11th June 2018 By

An overlooked weapon in Windrush cases: judicial review

For members of the Windrush generation or others with a right to be in the UK but no documents to conclusively prove that, the government’s “hostile environment” policy has vastly upped the stakes. But at the heart of many of the problems faced ...

30th May 2018 By
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