Which sections of the Immigration Act 2016 are in force with what effect?
14 July 2016
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question
In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton,
UPDATE 26/2/16: permission to appeal from the Court of Appeal has been granted so the Court of Appeal judgment will not be the last word.
The latest instalment of President McCloskey’s Massive Open Online Course (“MOOC“) on immigration judicial review is aimed as much at judges as lawyers. In R
Seasoned public law lawyers have felt for some time that it is far harder to succeed in immigration judicial review applications in the Upper Tribunal
In the latest instalment of the ongoing online training course delivered by President McCloskey via BAILII on the nature, scope and practice of appeal and
The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The
The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also
In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA)
The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application
It turns out that Zayn Malik, formerly of One Direction, knew how to quit while he was ahead. It is a rare talent not universally
The Upper Tribunal returns to the issue of extending time for late appeals in the case of RK (Allowed appeals – service on respondent) Albania [2015]
New (to me at any rate) is the Presidential Guidance Note No 1 of 2015: Wasted Costs and Unreasonable Costs, signed on 18 May 2015. It goes
In an interesting short Upper Tribunal judicial review determination, Upper Tribunal Judge Coker finds on the facts of the particular case that a judge in
Discretion in relation to costs is a wide one and awarding costs on an indemnity basis against an unsuccessful party is a departure from the
The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right
The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in
In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT
Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR
In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights
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...
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)....
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...
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...
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...
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...
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...
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”...
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...
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...
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...
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...
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)...
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...
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...
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...
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...
In R (on the application of Kigen & Anor) v Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal considers the question of whether waiting for the outcome of an application for legal aid funding made to the Legal Aid Agency is sufficient justification...
In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend...
UPDATE 26/2/16: permission to appeal from the Court of Appeal has been granted so the Court of Appeal judgment will not be the last word. Supreme Court grants our client @publiclawprojct permission tochallenge racially discriminatory Residence Test: https://t.co/hw46QnTnWZ — Bindmans LLP (@BindmansLLP) February 26, 2016 In Public Law Project v...
The latest instalment of President McCloskey’s Massive Open Online Course (“MOOC“) on immigration judicial review is aimed as much at judges as lawyers. In R (on the application of SA) v Secretary of State for the Home Department (human rights challenges: correct approach) IJR [2015] UKUT 536 (IAC) we are...
Seasoned public law lawyers have felt for some time that it is far harder to succeed in immigration judicial review applications in the Upper Tribunal than it ever was in the High Court. Cases that would have been very likely to succeed will not only now fail but will be...
In the latest instalment of the ongoing online training course delivered by President McCloskey via BAILII on the nature, scope and practice of appeal and judicial review proceedings in the Immigration and Asylum Chamber, ONM (Remittal to FtT with directions) Jamaica [2015] UKUT 517 (IAC), we learn the following: (i)...
The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The determination is Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the official headnote reads: Where no notice under section 120 of...
The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyers like myself. I may update and perhaps republish...
In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA) of a legal aid claim by Duncan Lewis solicitors. The Legal Aid Agency should have considered whether the means assessment conducted by Duncan Lewis, which...
The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid...
The Upper Tribunal returns to the issue of extending time for late appeals in the case of RK (Allowed appeals – service on respondent) Albania [2015] UKUT 331 (IAC). The special pleading by the Home Office on this occasion is around the “agreement” between the entirely independent tribunal and a...
In an interesting short Upper Tribunal judicial review determination, Upper Tribunal Judge Coker finds on the facts of the particular case that a judge in earlier, separate proceedings had erred in failing to ensure that the reasons for refusal of asylum were properly put to an unrepresented litigant in person....
Discretion in relation to costs is a wide one and awarding costs on an indemnity basis against an unsuccessful party is a departure from the norm. The substantive matter in the case of R (on the application of Kaienga) v Secretary of State for the Home Department IJR [2015] UKUT...
The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important...
The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT...
In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to...
Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights...
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some...
In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position,...
