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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 the First-tier Tribunal (FTT). If […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
If a migrant makes a valid application to extend their leave (permission) to be in the UK before it expires, their existing leave will be rolled over until a decision […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
We round off our coverage of the Nationality and Borders Bill, the second reading of which continues today, with Part 5. This consists of eight “miscellaneous” clauses. Four of them […]
The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in […]
Assisting migrants who lack mental capacity to instruct a lawyer, or whose capacity fluctuates, can pose challenges. Without having clear instructions on a person’s immigration history and what they would […]
Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on grounds that were not before […]
In the recent High Court case of R (Arman & Anor) v SSHD [2021] EWHC 1217 (Admin), Mr Justice Mostyn made comments about remote hearings that may be a straw […]
Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss […]
