All Articles: Procedure

The secretive court that hears immigration and nationality cases with a national security element has hit out at lawyers for failing to follow its rules. A Special Immigration Appeals Commission practice note, published on 4 December, slams the work of immigration lawyers in national security cases as at times “unacceptable”....

6th December 2019
BY CJ McKinney

An asylum appeal by an Eritrean woman, initially rejected by an immigration judge, has been overturned by the Upper Tribunal after it emerged the court interpreter embarked on a political rant to the woman’s barrister at the bus stop outside court afterwards. The case is TS (interpreters) Eritrea [2019] UKUT...

29th November 2019
BY Colin Yeo

There’s been a lot written on this blog recently about overstaying. Why do we keep banging on about it, you may ask? Because even a short period of technical overstaying, even if entirely innocent and endorsed by the Home Office, can cause problems for future applications.  This was demonstrated recently...

28th November 2019
BY Iain Halliday

“Be careful what you wish for!”, could be the headline for the case of Ahmed (rule 18; PTA; Family Court materials) Pakistan [2019] UKUT 357 (IAC). Haseeb Ahmed, a Pakistani citizen, was initially refused an application for leave to remain by the Secretary of State. He won his appeal at...

26th November 2019
BY Nath Gbikpi

What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK? The answer to this question depends on what attempts were made to send the decision to the person and whether this constituted “deemed service”. Deemed...

12th November 2019
BY Iain Halliday

The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated much concern amongst immigration practitioners about when it is permissible...

9th October 2019
BY Rachel Francis

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settlement) to £2,389. The actual cost of processing such an application...

3rd September 2019
BY Colin Yeo

The Court of Appeal has held that the UK government can be asked to pay expenses where a judicial review has been brought against the Upper Tribunal’s refusal to grant permission to appeal. The test case of Faqiri v Upper Tribunal (Immigration and Asylum Chamber) [2019] EWCA Civ 151 has...

22nd August 2019
BY Bilaal Shabbir

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 case demonstrating the importance of, and confusion caused by, deadlines...

19th July 2019
BY Iain Halliday

The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. In Kabir, the First-tier Tribunal had refused...

16th July 2019
BY Alex Schymyck

In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct procedure for raising “cross appeals” in the Upper Tribunal. I represented the claimant...

12th July 2019
BY Ben Amunwa

In the recent Court of Appeal case of UT (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1095, Lord Justice Coulson has dealt with some important issues relating to practice and procedure in the tribunal system. UT is a Sri Lankan who came to the...

8th July 2019
BY Christopher Cole

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 decided that, where an application for permission to appeal is submitted to...

28th June 2019
BY Iain Halliday

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to durable parters? and Are...

24th June 2019
BY Colin Yeo

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 system like the Detained Fast Track that the courts found to be unlawful...

12th June 2019
BY CJ McKinney

The immigration tribunal is piloting a new system of automatically “de-listing” (judge-speak for cancelling or adjourning) appeal hearings where an appellant serves their bundle late. I’ve run into the pilot at Newport, but responses on Twitter suggest that it is taking place all over the country. At Newport, at least,...

6th June 2019
BY Colin Yeo

There is a growing furore about the poor state of our visa application processes, which seem to have hit an all time low. The application systems for getting a visa, extension, settlement or citizenship are now mostly online and outsourced. But far from becoming more efficient, there is growing evidence...

2nd May 2019
BY Darren Stevenson

In the short but landmark judgment of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. Judges have regularly used the disciplinary process that has evolved out...

23rd April 2019
BY CJ McKinney

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 McCloskey, President of the Upper...

17th April 2019
BY Iain Halliday

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 permission hearing is pending. Legal aid...

14th March 2019
BY James Packer

The updated list of fees for immigration and nationality applications that apply from 29 March 2019 shows that most remain unchanged from this year. The amount the Home Office has been charging to process visa, settlement and citizenship applications has risen steadily above inflation for many years. This year, against expectations,...

12th March 2019
BY colinyeo

The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fait with when the Secretary of State’s consent is required for an...

4th March 2019
BY Bilaal Shabbir

The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment is Jetly & Anor v Secretary of State for the Home Department [2019] EWHC 204 (Admin). The circumstances of the case are baffling even when laid...

27th February 2019
BY CJ McKinney

The upshot of the Upper Tribunal’s decision in AK and IK (S.85 NIAA 2002 – new matters) Turkey [2019] UKUT 67 (IAC) is that a person who relies upon a different category of the Immigration Rules to succeed under Article 8 at their appeal or in a section 120 statement,...

27th February 2019
BY Bilaal Shabbir

An integral part of the procedure of suing for damages is disclosure.  Where Home Office disclosure is inadequate or incomplete, it is necessary to go on pressing for compliance with rule 31 of the Civil Procedure Rules and for specific disclosure.  Those requiring a lesson in how to do so...

25th January 2019
BY Alison Harvey

In the case of R (Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin), Mr Justice Holman had granted the claimant’s judicial review on traditional public law grounds of unfair decision making. He had also held that the abolition of the right of appeal in Turkish Ankara Agreement...

24th January 2019
BY E Daykin

The co-founder of an immigration law firm has failed in a High Court bid to overturn Solicitors Disciplinary Tribunal sanctions for professional misconduct. Mr Justice Lavender rejected the appeal of Malik Mohammed Nazeer, a solicitor of over 21 years’ call, against a £20,000 fine and practice restrictions imposed by the...

15th January 2019
BY CJ McKinney

In addition to the deluge of new Immigration Rules and legislation we faced in the May years, and now the looming Brexit iceberg, a major (if inevitable) change of recent times has been the digitisation of immigration applications. Unlike with Rules and legislation changes, there was little opportunity to scrutinise...

8th January 2019
BY Jonathan Kingham

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 appeared without a lawyer before Mr Justice Kerr in her application for judicial...

21st December 2018
BY Darren Stevenson

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 our claim is now academic. Where the decision...

14th December 2018
BY Alison Harvey

Invalid applications: in recent years, this has become one of the trickiest and dense parts of our immigration law. It’s one of my favourite areas because it’s so interesting and technical (as those of you who attended the Immigration Law Masterclass Conference will know!). You might ask what the big...

13th November 2018
BY Bilaal Shabbir

On 2 November 2018, UK Visas and Immigration launched a new system for visa applications made within the UK. It involves an overhauled online application process and new Visa and Citizenship Application Service centres operated by outsourcing firms Sopra Steria. The first centre opened on 9 November. Premium Service Centres will...

12th November 2018
BY Nath Gbikpi

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether they will in practice or still refuse for minor...

12th October 2018
BY Nath Gbikpi

I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain to migrants because of alleged discrepancies between their tax returns to HMRC and the income declared to the Home Office...

28th August 2018
BY Colin Yeo

In AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC) the determination makes heavy weather of restating some settled principles of law and practice. The judge granting permission to appeal to the Upper Tribunal had raised the question of whether the delay in promulgating the determination, an unconscionable...

8th August 2018
BY Alison Harvey

R (Singh) v Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appellant argued that an application made online without supporting evidence...

7th August 2018
BY Alex Schymyck

R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the recent line of ‘Hamid’ cases in which the High Court and Upper Tribunal metaphorically publicly flog immigration lawyers who do not meet their own exacting...

1st August 2018
BY Christopher Cole

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 technically judicial review, and of the quotation marks around that...

26th July 2018
BY Alison Harvey

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Office-approved English exams. In a previous case the Court...

25th July 2018
BY Iain Halliday

The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision where credibility is in issue and whether a delay...

10th July 2018
BY Nicholas Webb
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