All Articles: Procedure

The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered...

15th May 2017
BY Nick Nason

The latest tribunal statistics, published in March 2017, show that the average waiting time for appeals to be heard in the immigration tribunal is now 48 weeks. This is the time between the appeal being lodged and the appeal being promulgated, I understand. The breakdown for different types of appeal...

5th May 2017
BY Colin Yeo

In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay of proceedings – principles) [2017] UKUT 168 (IAC) given on 28 March 2017, the Upper Tribunal refused the Secretary of State’s application to stay the...

3rd May 2017
BY Nath Gbikpi

Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second...

29th March 2017
BY Colin Yeo

The Solicitor Disciplinary Tribunal has fined an immigration solicitor £10,000 for signing off “grossly misleading and inaccurate” statements of truth for judicial review applications. The solicitor concerned, Achyuth Rajagopal of G Singh Solicitors in London, admitted acting recklessly and in a manner apt to mislead the tribunal and failing adequately...

7th March 2017
BY Colin Yeo

The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules so unfair that the determinations could be...

23rd January 2017
BY Colin Yeo

The Court of Appeal has in effect endorsed the Home Office practice of issuing “supplementary” decision letters during judicial review litigation to try and make good defects in the original refusal. The case is Caroopen & Myrie v The Secretary of State for the Home Department [2016] EWCA Civ 1307....

18th January 2017
BY Colin Yeo

President McCloskey has blasted the “cavalier and unprofessional” lawyers for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC). The case is that of four men convicted in 2012 of child sex offences in Rotherham who were...

13th January 2017
BY Colin Yeo

The Parliamentary and Health Service Ombudsman has revealed that it upheld 75% of complaints made against the Home Office and Border Force last year: Incorrect decisions, delays and wrong advice are the top reasons for the Parliamentary and Health Service Ombudsman upholding the highest proportion of complaints about the Home...

4th January 2017
BY Colin Yeo

The Supreme Court has given judgment in the case of Mirza v Secretary of State for the Home Department [2016] UKSC 63. The case concerned the effect of section 3C of the Immigration Act 1971 as amended and whether it extends leave where an applicant for leave is found later...

14th December 2016
BY Colin Yeo

The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New commencement order introduces out of country human rights appeals and more. Guidance...

1st December 2016
BY Colin Yeo

Venerable Form FLR(O) is no more and has been withdrawn with effect from today, 1 December 2016. It has been replaced by two new forms: 1. FLR(HRO) broadly for applications outside the Immigration Rules based on human rights: discretionary leave (DL) if you have previously been granted DL but have not...

1st December 2016
BY Colin Yeo

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in the last few weeks will have...

25th November 2016
BY Colin Yeo

What do you get for your money when you pay for an oral over a paper hearing in the immigration tribunal? Since the introduction of much higher appeal fees in October 2016, the price difference is now between £490 for an “on the papers” decision and £80o for a proper oral...

16th November 2016
BY Colin Yeo

The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI 2016/1037). The change introduces a power for the Home...

1st November 2016
BY Colin Yeo

As of today, 10 October 2016, it now costs £800 to lodge an appeal against an immigration decision where a proper oral hearing is requested. The change was announced on 15 September 2016 and the necessary legal change, the First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016, was laid at the same time...

10th October 2016
BY Colin Yeo

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...

4th October 2016
BY Colin Yeo

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: present scope and effect) IJR [2016] UKUT...

26th September 2016
BY Colin Yeo

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended family member. The official headnote:...

21st September 2016
BY Colin Yeo

In a joint statement made yesterday, the Lord Chancellor, Lord Chief Justice and Senior President of Tribunals announced that all courts and tribunals will be moving towards an online model and will also merge into a single justice system. The proposals for the civil courts have been described as a...

16th September 2016
BY Colin Yeo

Fees for judicial review applications hare risen yet again from today, Monday 25 July 2016. A new fees order was quietly laid last Friday: The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016. The fees going up are for the permission stage and they rise by 10%. Other fees remain as...

25th July 2016
BY Colin Yeo

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. We have seen one commencement order so...

14th July 2016
BY Colin Yeo

Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in a new reported decision, Katsonga v Secretary Of State For The Home Department (“Slip Rule” : FtT’s general powers : Zimbabwe) [2016] UKUT 2298 (IAC). He suggests...

19th May 2016
BY Colin Yeo

The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but in recent years we have seen some very low quality and controversial costs decisions at first instance in the Administrative...

17th May 2016
BY Colin Yeo

Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an important judgment on the same subject: R (on the application of Khan) v Secretary of State for the Home Department [2016] EWCA Civ 416. It...

9th May 2016
BY Colin Yeo

In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there...

27th April 2016
BY Colin Yeo

The Government is proposing a massive fivefold increase in immigration appeal fees in order to make the immigration tribunal the only part of the court and tribunal service entirely self funded by fees: We therefore propose increasing fees in the First-tier Tribunal from £80 to £490 for an application for a...

21st April 2016
BY Colin Yeo

In a VERY interesting paper, Robert Thomas of the University of Manchester analyses the statistics on judicial review cases since they were transferred from the Administrative Court to the Upper Tribunal. He finds that the number and proportion of claims certified as “totally without merit” has increased considerably and so has...

19th April 2016
BY Colin Yeo

The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act...

11th April 2016
BY Colin Yeo

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Those with a “litigation debt” to...

11th March 2016
BY Colin Yeo

In the case of Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 the claimant was a Pakistani national aged 70. She had applied for leave to remain in the UK, her application had been refused by the Home Office and she had appealed. Her appeal was...

7th March 2016
BY Colin Yeo

The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal from the First Tier Tribunal (FTT) to the Upper Tribunal...

2nd March 2016
BY Lucy Mair

UPDATE: for the fees for 2017-18 see here. The Home Office first proposed and is now going ahead with a massive 25% increase in already high immigration application fees for families for the year 2016-17. The changes will be implemented on 18 March 2016 rather than the usual date of 6 April. Family and...

2nd March 2016
BY Colin Yeo

Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This...

29th February 2016
BY Paul Erdunast

The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a judge who refuses permission for an application for judicial review on the papers and it prevents the applicant from seeking an oral hearing. There is...

11th February 2016
BY Colin Yeo

In the case of VV (grounds of appeal) [2016] UKUT 53 (IAC) (13 November 2015) the Upper Tribunal yet again criticises Home Office conduct of appeals to the Upper Tribunal against decisions of the First-tier. This case comes on top of Nixon (permission to appeal: grounds) [2014] UKUT 368 (IAC) (FM post: Contrasting cases on...

9th February 2016
BY Colin Yeo

A Tier 4 student prohibited from working was accused of the Home Office of breach of his conditions of leave by taking part time employment. A decision was taken to remove him under the pre-Immigration Act 2014 version of section 10 of the Immigration and Asylum Act 1999. he was served...

21st January 2016
BY Colin Yeo

Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading. Firstly, the headnote from AM (fair hearing) Sudan [2015] UKUT 656 (IAC): (i) Independent judicial research is inappropriate. It is not for the judge to assemble evidence. Rather, it is the duty of...

13th January 2016
BY Colin Yeo

I am starting to detect subtle* signs that the Upper Tribunal is unimpressed by attempts to litigate ETS cases from within the UK. These are the cases where a person stands accused (on unknown, undisclosed evidence) of cheating in English language tests administered by the company Educational Testing Services. In many...

7th January 2016
BY Colin Yeo

With many thanks to the excellent and eagle-eyed Tim Buley of Landmark Chambers, this post covers the procedural protections against costs orders for legally aided and other litigants in the Upper Tribunal. This is a major issue in judicial review proceedings in the Upper Tribunal; no-one who has been following...

17th December 2015
BY Colin Yeo
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