All Articles: Judicial review

“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that legal aid lawyers can be paid for their work on a judicial review case where the decision being challenged is withdrawn while an oral ...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

Advance NHS charges for overseas visitors comply with the Equality Act

The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a cl ...

11th 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

No legitimate expectation arises from a chat with the Business Helpdesk

The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the ...

15th May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

Unlawful delays by the Home Office: a line in the sand

Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can successfully claim for damages under the Human Rights Act 1998. The Home Office ...

5th April 2018 By

Comment: are Home Office consent orders worth it?

A recent case shows that practitioners should beware the Home Office’s use of consent orders in judicial review claims, write Kim Renfrew and Naga Kandiah of MTC & Co. Solicitors. Our client SP is an asylum seeker of Sri Lankan origin. SP submit ...

23rd March 2018 By

President Lane takes fresh aim at flimsy judicial review grounds

At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely r ...

6th March 2018 By

The Upper Tribunal’s costs appeal guidance has been overruled

Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a & ...

17th January 2018 By

NGO victory: Home Office policy on EU rough sleepers found unlawful

The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial rev ...

14th December 2017 By

Tier 2 sponsor licence revocation challenge fails in High Court

Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009, it applied for registration as a Tier 2 sponsor, allowing the organisation to bring in religious wo ...

31st October 2017 By

“Good deeds” immigration lawyer struck off over judicial reviews

An immigration lawyer praised for his “good deeds” among the Chinese community has been struck off by the Solicitors Disciplinary Tribunal. Vay Sui Ip, a partner at Manchester firm Sandbrook Solicitors, was prosecuted by the Solicitors Reg ...

17th October 2017 By

Tribunal criticises government lawyers for “trench warfare” mentality and “inappropriate” conduct

In one of his final judgments as outgoing President, Mr Justice McCloskey launched a bitter broadside at the conduct of government lawyers in long-running litigation over the entry of refugee children. While the criticism of the solicitors at the Gove ...

9th October 2017 By

Tribunal can (but won’t) hold Home Office in contempt for ignoring consent orders

The facts of R (on the application of MMK) v Secretary of State for the Home Department (consent orders – legal effect – enforcement) [2017] UKUT 198 (IAC) involved the not uncommon scenario of the Home Office withdrawing its decision in ...

21st September 2017 By

Explainer: Can the Home Secretary really be guilty of contempt of court for breach of a court order?

The Home Office has been in the news for what one judge described as a “prima facie case of contempt of court.” Officials are reported to have breached multiple orders for the return of asylum seeker Samim Bigzad from Afghanistan to the U ...

18th September 2017 By

Test cases on automatic strike out of claims lead to changes at the Upper Tribunal

Many immigration practitioners will have fallen foul of the surprisingly strict approach the Upper Tribunal (“UT”) has, until recently, taken when it comes to the provision of form T485 (the UT equivalent of the Administrative Court’s Certificat ...

30th June 2017 By

Home Office application to delay Calais Jungle child asylum case refused by tribunal

In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay of proceedings – principles) [2017] UKUT 168 (IAC) given on 28 March 2017, the Upper Tribunal refused the Secretary of St ...

3rd May 2017 By
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