What is the duty of candour?
2 December 2022
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Regular readers of Free Movement will be aware of the recent judgment finding serious breaches of the duty of candour by the Home Office in
Regular readers of Free Movement will be aware of the recent judgment finding serious breaches of the duty of candour by the Home Office in
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in
The Home Office has agreed to review its policy Fee waiver: Human Rights-based and other specified applications, which provides guidance on the time limits for
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK
Earlier this month, the Home Office announced the abolition of the Police Registration Scheme. The scheme required certain foreign nationals to register with the police
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings.
Raising misconduct by or within your employer is a brave and difficult step. You put your financial security, your career and your well-being at risk
How do you persuade a Home Office caseworker to grant your client’s asylum or immigration application? Or persuade a judge to allow your client’s appeal?
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048.
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for
Many in the immigration and legal aid sectors are heartily sick of “engaging” with government departments and responding to various consultations, but I want to
If your asylum or immigration application is refused by the Home Office, and you have a right of appeal, your appeal will be heard in
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic
Update: new fees apply from 4 October 2023, the details of those are here. The updated list of fees for immigration and nationality applications that
The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to
Few people I know have ever had to face a contempt of court allegation. This is perhaps surprising given the range of activities potentially covered
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by
Among the changes brought about by the pandemic has been greatly increased use of videoconferencing technology by immigration tribunals, including for the taking of evidence.
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA
Lurking in the weeds of the latest statement of changes are some tweaks to the procedural requirements in Part 1 of the Immigration Rules. Most
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
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
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application
When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named
Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the
In Hydar (s 120 response; s 85 “new matter”: Birch) [2021] UKUT 176 (IAC), the Upper Tribunal has done an unwilling U-turn on the earlier
It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into
The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an
Regular readers of Free Movement will be aware of the recent judgment finding serious breaches of the duty of candour by the Home Office in the mobile phone seizures case. Jed Pennington has discussed the judgment in a previous post. But, what is the duty of candour? The duty of...
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for people appealing, many of whom have never set foot in a courtroom in their lives and whose continued presence in this country hinges on the...
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general situation for asylum seekers from several countries is determined by the Upper Tribunal in what are called Country Guidance (CG)...
The Home Office has agreed to review its policy Fee waiver: Human Rights-based and other specified applications, which provides guidance on the time limits for making human rights based immigration applications where an application is made after a fee waiver has been granted. This comes after confusion over deadlines threatened...
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks remotely. Rather than having to meet job applicants and employees needing to renew their status in person, they were able to do so via a...
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided immigration advice. Sara was in Kabul when the Taliban entered the city. Her husband, Hassan, a British national, was in the UK, working towards the...
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK since 2007. She had a costs order of £400 made against her in 2014, following an unsuccessful judicial review. In September 2019 she made an...
Earlier this month, the Home Office announced the abolition of the Police Registration Scheme. The scheme required certain foreign nationals to register with the police and keep them updated about important changes to their personal details. The abolition of this outdated scheme is very much to be welcomed. It will...
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As an immigration lawyer I have received less dramatic phone calls. Yet the story resonates with me. For those we help to enter...
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings. So held the Court of Appeal in DJ (Pakistan) v Secretary of State for the Home Department [2022] EWCA Civ 1057, another case dealing with...
Raising misconduct by or within your employer is a brave and difficult step. You put your financial security, your career and your well-being at risk for the greater good. Often the rewards are nil, if not negative. For migrants there is the additional burden of legal precarity, which is often...
How do you persuade a Home Office caseworker to grant your client’s asylum or immigration application? Or persuade a judge to allow your client’s appeal? The answer is: advocacy. Advocacy – whether written or oral – is the art of persuasion. I am by no means an expert. However, having...
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need to pay an Immigration Health Surcharge (£624 a year for adults and £470 for children). On average, therefore, migrants will...
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families. The waiver application form is here. The...
Many in the immigration and legal aid sectors are heartily sick of “engaging” with government departments and responding to various consultations, but I want to encourage everyone to respond to this one. The Ministry of Justice is consulting on future legal aid fees for the next contract tender, in light...
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well established. Specific guidance for experts providing reports for cases in...
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration permission? As a reminder, the Court of Appeal in Afzal held that...
Update: new fees apply from 4 October 2023, the details of those are here. The updated list of fees for immigration and nationality applications that apply from 6 April 2022 shows that most visas and extensions are up £15. Citizenship and sponsor licence rates are unchanged. Headline application fees had...
The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin)....
Few people I know have ever had to face a contempt of court allegation. This is perhaps surprising given the range of activities potentially covered by the law of contempt, highlighted by the very recent decision of the Court of Appeal in R (Counsel General for Wales) v Secretary of...
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] EWCA Civ 145. In so finding, the court confirmed the reasoning...
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The same is true of a level 3 adviser registered with the Office of the Immigration Services Commissioner. Lawyers practising in England and Wales do not...
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transfers judicial reviews to the County Court once the public law...
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...
It’s hard to imagine a time when immigration lawyers will stop banging the fairness drum. Far from being responsible for an appeals “merry-go-round”, we find ourselves day in and day out trying to resolve unfair issues and cases in a highly politicised area of law. Unfairness takes many forms. It...
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance (such as a witness order) is required in...
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The main take away from this case is: don’t appeal...
Among the changes brought about by the pandemic has been greatly increased use of videoconferencing technology by immigration tribunals, including for the taking of evidence. This has made it much more viable for live evidence of appellants and other witnesses to be heard, including from outside the United Kingdom. It...
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK...
Lurking in the weeds of the latest statement of changes are some tweaks to the procedural requirements in Part 1 of the Immigration Rules. Most take effect today. These provisions may not be the sexiest part of immigration law but they are worth paying attention to. Falling foul of a...
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 essential for appellants to put their case properly and having the decision made on...
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 to a new online appeal process. President Clements was speaking at a...
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”? This is the issue considered by the...
When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the Immigration Act 1971, which essentially provides that the person’s visa continues until the application is decided. An important and seemingly...
Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful human rights appeal against removal from the UK was decided...
In Hydar (s 120 response; s 85 “new matter”: Birch) [2021] UKUT 176 (IAC), the Upper Tribunal has done an unwilling U-turn on the earlier case of Birch (precariousness and mistake; new matters) [2020] UKUT 86 (IAC). Raising “new matters” in an appeal requires the consent of the Home Office...
It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU acts into the same category as US, Australian,...
The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an appeal reopened if rejected by both chambers of the immigration tribunal. This is the process known to lawyers as a Cart or Eba judicial review....
