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 […]
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 […]
When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held […]
The updated list of fees for immigration and nationality applications that apply from 6 April 2021 shows that all remain unchanged from last year. This marks the third financial year running […]
The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at a converted military barracks holding […]
In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful. […]
In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human […]
Ndwanyi (Permission to appeal; challenging decision on timeliness) Rwanda [2020] UKUT 378 (IAC) is about how a respondent can challenge a decision that an application for permission to appeal is […]
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify […]
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because […]
Pending asylum appeals in Scotland can be affected by changes to country guidance right up to the point when they are sent out to the parties to the case, even […]
In April 2020, the Civil Procedure Rules were updated with significant changes made to the rules about witness statements filed by non-English speakers. The new rules are of obvious interest […]
The list of fees for immigration and nationality applications was updated on 1 December 2020 to reflect the new or rebranded visa routes introduced on that date. The actual amounts are […]
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” […]
2020 has presented huge challenges for people trying to navigate the immigration system, for immigration advisers trying to support them, and for the Home Office and the courts. At Greater […]
The Court of Appeal has decided in Alam v Secretary of State for the Home Department [2020] EWCA Civ 1527 that sending a decision letter to a person’s last known […]
The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the […]
In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considered two questions: At what point is an […]
The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr […]
The joy of working in immigration law is writing a 4,000 word briefing on the English language requirement, only to see a new provider added to the list three days […]
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 […]
The case of JH (Palestinian Territories) v Upper Tribunal [2020] EWCA Civ 919 builds on the principle that the Home Office can be found liable for expenses in Cart/Eba type judicial […]
As the immigration tribunal begins to reopen and cases are listed for what have become known as face-to-face hearings, lawyers, clients, witnesses and supporters, and any other court user, will need to […]
In the case of Ashfaq (Balajigari: appeals) [2020] UKUT 226 (IAC), the Upper Tribunal reiterates its previous findings that First-Tier Tribunal hearings provide appellants with the necessary opportunity to rebut […]
The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed […]
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 […]
Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications […]
BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier […]
With statistical assistance and input by George Symes. A person whose immigration application to the Home Office has been refused sometimes has a right of appeal. Prior to the Covid-19 […]
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 […]
Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’ Association (ILPA) says that adjustments […]
“Devani” in my native language of Punjabi/Urdu roughly translates as “crazy” or “mad”. An apt name for the case of Devani [2020] EWCA Civ 612, because it’s never promising when […]
The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC) […]
Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one concerning religious conversion cases and […]
The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC), […]
D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is […]
The Upper Tribunal has again considered section 104 of the Nationality, Immigration and Asylum Act 2002. Following on from the case of MSU, which I wrote about here, we have […]
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days […]
This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC). […]
The case of MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC) represents yet another cutback in the rights of migrant victims of domestic abuse, and in appeal […]
