Procedural fairness as an error of law
19 March 2014
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In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another
The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of
Me: Any idea how long the first case on the list might take? Usher: Shouldn’t be long, there’s no lawyer for that one.
There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These
Routine, repeated delay in providing Acknowledgements of Service by the Home Office in judicial review cases reached such a pitch in 2013 that the court
This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably
This is a very short survey to gather information for a possible legal challenge to the Home Office practice of withdrawing decisions late in the
An important recent case slipped under my radar last year, mainly because it has not been publicly reported on one of the publicly accessible case
MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC) is a corker of a decision from the incoming new President of the Immigration and
Following on from two recent posts on this subject (Judicial review in the Upper Tribunal; Do not lodge Upper Tribunal judicial reviews by post if urgent),
Following my previous post on Judicial review in the Upper Tribunal someone got in touch with a total horror story. She attempted to lodge a
Since 17 October 2011, some immigration judicial reviews have been heard in the Upper Tribunal. Until now this was confined to asylum fresh claims and
The Court of Appeal has held, overturning the decision of the High Court (see previous blog), that the issue of a certificate under section 15
Two mundane, day to day things are getting my goat at the moment. The first is the mislabeled “cross examination” many Home Office Presenting Officers
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal
In R (Ignaoua) [2013] EWHC 2512, the Administrative Court held that under powers conferred by section 15 Justice and Security Act 2013 the Secretary of State
On Wednesday 23rd October 2013, Parliament’s Joint Committee on Human Rights heard oral evidence on the government’s latest proposals to cut legal aid. The evidence
The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with and replacement with ‘Administrative Review’ by one
The new Immigration Bill (see Ronan’s previous post “Summary of clauses“) is so packed with nastiness that some really unpleasant parts of it – perhaps
The Observer has run a story on the use of withdrawal of appeals in order to hit success rate targets for Home Office officials. I’m
The excellent Public Law Project are launching the challenge with Bindmans acting as solicitors. The grounds of challenge look pretty plausible.
When a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction. That is true not
Just a quick note on this. As I previously mooted (‘Judicial review of Upper Tribunal‘), it is possible to appeal to the Court of Appeal
One overlooked solution to the one way asylum fast track to refusal and removal is to seek an injunction preventing consideration under the fast track
It is finally almost upon us: the transfer of judicial review claims from the High Court to the Upper Tribunal will take place on 1
Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way
From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end
Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors. I
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law
In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of
In the reported case of Green (Article 8 – new rules) [2013] UKUT 254 (IAC), the Upper Tribunal again reaffirmed that despite the Immigration Rules
If the cuts to the scope of legal aid brought by LASPO 2012 have been significant, the cuts proposed by the Ministry of Justice in
At Renaissance Chambers we have been involved with a number of recent Afghani and Pakistani (Ahmadi) charter flight cases and injunctions. I have noticed
Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber)
Many thanks to David Saldanha of Howe and Co for this interesting note for legal aid lawyers: Practitioners will be aware that the LAA has
Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC), on the subject of procedural fairness amounting...
The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements) (IJR) [2014] UKUT 104 (IAC)] now set out how it will deal with the vast majority of judicial reviews in which...
There has now been a fairly substantial series of Court of Appeal judgments on the issue of costs orders in an immigration litigation context. These also have wider significance for other public law cases, but immigration law is currently dominating public law litigation, at least by volume, as this widely...
Routine, repeated delay in providing Acknowledgements of Service by the Home Office in judicial review cases reached such a pitch in 2013 that the court held a hearing into the matter (as previously covered on this blog). The Home Office blamed a rise in the number of claims, though from...
This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably in this instance it was because of likely public interest in the final outcome rather than the procedural issues arising. It does seem to me,...
This is a very short survey to gather information for a possible legal challenge to the Home Office practice of withdrawing decisions late in the day and perhaps to the tribunal procedure rules, which provide for automatic termination of the appeal. We are very grateful for your time. Any responses...
An important recent case slipped under my radar last year, mainly because it has not been publicly reported on one of the publicly accessible case law repositories like BAILII. The case is R (on the application of Jasbir Singh) v Secretary of State for the Home Department [2013] EWHC 2873...
Following on from two recent posts on this subject (Judicial review in the Upper Tribunal; Do not lodge Upper Tribunal judicial reviews by post if urgent), there has been another warning about the transfer of judicial reviews into the Upper Tribunal. A claim that includes an element of unlawful detention...
Following my previous post on Judicial review in the Upper Tribunal someone got in touch with a total horror story. She attempted to lodge a judicial review by fax to the Upper Tribunal. There was no initial response but on enquiry by telephone the next day she was invited to...
Since 17 October 2011, some immigration judicial reviews have been heard in the Upper Tribunal. Until now this was confined to asylum fresh claims and disputed age assessments. From 1 November 2013 most new immigration judicial reviews are heard in the Upper Tribunal. There are a few teething difficulties, though....
Two mundane, day to day things are getting my goat at the moment. The first is the mislabeled “cross examination” many Home Office Presenting Officers are trained into and allowed to get away with at court. The other is Presenting Officer failure to put points to witnesses that are then...
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent and fair irrespective of which court it is and where it is. Yet a Freedom of Information Act 2000 request made by academics at the...
Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 requires that the First-tier...
In R (Ignaoua) [2013] EWHC 2512, the Administrative Court held that under powers conferred by section 15 Justice and Security Act 2013 the Secretary of State can automatically and unilaterally terminate qualifying judicial review proceedings. The appeal hearing concerning this controversial ruling is imminent. The Claimant was a Tunisian national...
On Wednesday 23rd October 2013, Parliament’s Joint Committee on Human Rights heard oral evidence on the government’s latest proposals to cut legal aid. The evidence was clear. Those that will suffer the most from the proposals are society’s most vulnerable groups – children, care leavers, and victims of sexual abuse...
The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with and replacement with ‘Administrative Review’ by one of its own staff. Immigration appeals have almost a 50% success rate according to the Government’s own figures: A recent Freedom of Information request I...
The new Immigration Bill (see Ronan’s previous post “Summary of clauses“) is so packed with nastiness that some really unpleasant parts of it – perhaps the whole of it – will make it to the statute book. No mainstream politician with influence will today stand up for the rights of...
When a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction. That is true not merely of immigration officers but of anybody. The immigration officer who knows that his decision may be subject to appeal is likely to be...
Just a quick note on this. As I previously mooted (‘Judicial review of Upper Tribunal‘), it is possible to appeal to the Court of Appeal from refusal of permission in a Cart-type judicial review of a decision of the Upper Tribunal to refuse permission to appeal to itself. However, there...
One overlooked solution to the one way asylum fast track to refusal and removal is to seek an injunction preventing consideration under the fast track process. This option should be seriously considered where the client has good grounds for asserting that a premature refusal decision by the Home Office will...
It is finally almost upon us: the transfer of judicial review claims from the High Court to the Upper Tribunal will take place on 1 November 2013. In addition, applications for permission lodged after 9 September 2013, including those where permission has been refused on the papers and oral renewal...
Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done so already, I strongly recommend you read...
Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors. I have the couple’s consent to write this post although there is no need for me to publish any identifying information.
...In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary of State on the basis of an untrue and un-evidenced assertion. Guidance is given to judges (and by extension lawyers) on the correct approach to...
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law alleged in the grounds of appeal could have made a difference to the outcome, permission to appeal should not normally be granted in the absence...
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for refusal. The Entry Clearance Officer had failed to exercise discretion one way or t’other. In this case there was only...
In the reported case of Green (Article 8 – new rules) [2013] UKUT 254 (IAC), the Upper Tribunal again reaffirmed that despite the Immigration Rules pertaining to incorporate Article 8, tribunals should continue to consider the substantive Article 8 claim even if the Immigration Rules cannot be met. The official...
If the cuts to the scope of legal aid brought by LASPO 2012 have been significant, the cuts proposed by the Ministry of Justice in the recent consultation “Transforming legal aid: delivering a more credible and efficient system” would be severe. It is of particular concern that the Government has...
At Renaissance Chambers we have been involved with a number of recent Afghani and Pakistani (Ahmadi) charter flight cases and injunctions. I have noticed a couple of things that are troubling me. Firstly some of the factual immigration summaries prepared by the Home Office omit references to previous fresh...
Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber) at York House, a panel consisting of First Tier Tribunal Judges Woodcraft and Samimi dealt with two cases (references AA/04010/13 and AA/04016/13) in which asylum...
Many thanks to David Saldanha of Howe and Co for this interesting note for legal aid lawyers: Practitioners will be aware that the LAA has been refusing funding for Cart type judicial reviews of the Upper Tribunal on the basis that they were placed outside scope by para 19(5) of...
Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the application of) v SSHD [2013] EWHC 891...
