Tribunal guidance on raising long residence during appeals process
4 March 2019
1 Comment
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
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
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
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
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
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
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
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
Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible
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
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
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
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
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
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
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
R (Shrestha & Ors) v Secretary of State for the Home Department (Hamid jurisdiction: nature and purposes) [2018] UKUT 242 (IAC) was another in the
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 decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS
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)
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from
Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18),
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance
Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office
A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent
Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying
A recent case shows that practitioners should beware the Home Office’s use of consent orders in judicial review claims, write Kim Renfrew and Naga Kandiah
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review:
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for
One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable”
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the
Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017]
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
The new case of R (QR (Pakistan)) v Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infamous “deport first, appeal later” policy. The QR judgment itself doesn’t give...
Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” to respond to a claim, in a case called Kumar [2014] UKUT...
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting for three reasons: it summarises various authorities on...
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedies need to be exhausted. That includes applying for permission for judicial...
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision being promulgated in December 2017, the Upper Tribunal’s Reporting Committee has elected...
Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Court of Appeal held that injunctions against removal...
A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulation Authority requiressolicitors in England and Wales to refrain from any “attempt...
Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? There are two new cases which more or...
A recent case shows that practitioners should beware the Home Office’s use of consent orders in judicial review claims, write Kim Renfrew and Naga Kandiah of MTC & Co. Solicitors. Our client SP is an asylum seeker of Sri Lankan origin. SP submitted further evidence to the Home Office, to...
At a time when immigration practitioners are facing a wave of referrals and allegations of misconduct, the Upper Tribunal’s decision in Shah (‘Cart’ judicial review: nature and consequences) [2018] UKUT 51 (IAC) comes as another timely reminder that judges are in no mood to deal with haphazard or slapdash appeals...
The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken place in breach of a High Court order,...
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160/16 Hasan has clarified a number of significant procedural points in the...
One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is impossible to play a sport...
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim...
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the “deport first, appeal later” regime which operated under...
Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a “first appeals test”, not a “second appeals...
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Legal Aid Casework &...
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence...
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge that decision in this country...
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article 3 rights, despite medical reports on their...
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that make specific reference to all evidence and country information being...
