Keys posts on Procedure

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Briefing: invalid immigration applications

For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisib ...

25th April 2022 By

Can someone who has made an invalid extension application still rely on the 14-day grace period?

How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration perm ...

14th April 2022 By

Immigration and nationality fees for 2022/23

The updated list of fees for immigration and nationality applications that apply from 6 April 2022 shows that most visas and extensions are up £15. Citizenship and sponsor licence rates are unchanged.  Headline application fees had been largely froz ...

7th April 2022 By

Afghan judge to get visa decision before having to come out of hiding

The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affa ...

5th April 2022 By

Falling foul of contempt of court may be easier than you think

Few people I know have ever had to face a contempt of court allegation. This is perhaps surprising given the range of activities potentially covered by the law of contempt, highlighted by the very recent decision of the Court of Appeal in R (Counsel G ...

17th February 2022 By

Unfairness required to set aside appeals decided on paper under unlawful COVID-19 process

Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] ...

17th February 2022 By