All Articles: Procedure rules
Accountants taking the blame for tax discrepancies should give evidence in person
Following another paragraph 322(5) case, where an applicant was refused indefinite leave to remain on the basis of dishonesty for disclosing different income to HMRC as opposed to the Home Office, the Upper Tribunal has issued guidance on evidence fro ...
27th January 2020Home 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 2019Upper Tribunal sets new procedure for missed appeal deadlines
In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal ...
28th June 2019Tribunal says no to return of fast track asylum appeals
Tribunal bosses have put their foot down on fast track asylum appeals, refusing the government’s push for an accelerated process for appellants in immigration detention. The Tribunal Procedure Committee said that it would not be re-introducing a ...
12th June 2019Who decides when an immigration appeal ends?
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice ...
17th April 2019Rolling 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 2018Waiting for legal aid not an excuse for missing time limits
In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question of whether waiting for the outcome of an application for legal aid funding made to the Legal ...
14th December 2015Home Office misleads Tribunal Procedure Committee
In a curious turn of events, the Home Office wrote to the Tribunal Procedure Committee late last year to ‘fess up to having mislead the committee about Home Office policy on withdrawal of decisions. This is an issue we’ve covered before on ...
20th January 2015New immigration tribunal procedure rules: analysis
The First-tier Tribunal now has a new set of procedure rules: the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, which came into force on 20 October 2014. The Rules are streamlined in some parts and the overridin ...
20th November 2014Nwaigwe (adjournment: fairness) [2014] UKUT 00418 (IAC)
In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds t ...
1st October 2014New Procedure Rules come into effect 20 October 2014
As predicted, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are official and come into effect on 20 October 2014. More analysis to follow in due course for Free Movement Members. Headline changes seem to me ...
30th September 2014