Keys posts on Procedure

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A glitch or a feature? Systemic problems with digital proof of immigration status

Digital technology plays a central role in the ongoing reform of British borders after Brexit, and the 2019 launch of the EU Settlement Scheme was a pivotal moment in this transformation. The EUSS introduced an online-by-default process to apply for i ...

31st July 2023 By

‘Minded to cancel’ process applies to dishonesty allegations at the UK border

A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home De ...

28th July 2023 By

Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”?

The Home Office is increasingly treating asylum claims as being withdrawn. This seems to be a new policy intended to reduce the asylum backlog. The number of asylum decisions made by the Home Office at first glance appears to be increasing. When we lo ...

26th July 2023 By

Upper Tribunal reminds parties to identify the issues in an appeal

Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a panel that included Mr Justice Dove, the President of the Upper Tribun ...

24th July 2023 By

Airport detainee wrongly denied a solicitor in immigration interview

A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived ...

14th July 2023 By

OISC amends judicial review practice note to prevent advisers conducting litigation

The OISC (Office of the Immigration Services Commissioner) has again amended its guidance note on advisers conducting litigation in judicial review cases. The amendment appears to be with immediate effect, although the online version of the practice ...

3rd July 2023 By
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