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 […]
Further submissions or a ‘fresh claim’ is a process for submitting an asylum (or human rights) application where there has been a previous failed claim and all appeal rights have […]
About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it […]
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all […]
The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration […]
One of the recommendations to the Home Office in a recent report by the immigration inspector was to “professionalise” Presenting Officers. Among the suggestions was that a code of conduct […]
The Home Office should do more to “professionalise” the officials it sends to argue immigration cases in court, the immigration inspector has found. A report by the Independent Chief Inspector […]
Much has changed about the way asylum appeals in the First-tier Tribunal operate this year. But research spanning 2013 to 2019 indicates that a reliably fair and effective asylum appeal […]
Home Office Presenting Officers are civil servants who represent the government in immigration appeals. Last month we ran an article by an anonymous HOPO describing how the immigration system looks […]
We Presenting Officers can usually be put into two categories. The first group is unable to see anything wrong with any decision and will defend it at all costs. Although […]
On 4 August 2020, the Home Office issued new guidance to its civil servants on how to respond to immigration appeals that the department has lost. The 18-page document can […]
With statistical assistance and input by George Symes. A person whose immigration application to the Home Office has been refused sometimes has a right of appeal. Prior to the Covid-19 […]
Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’ Association (ILPA) says that adjustments […]
The immigration tribunal is piloting a new system of automatically “de-listing” (judge-speak for cancelling or adjourning) appeal hearings where an appellant serves their bundle late. I’ve run into the pilot […]
The toxic wasteland of the Daily Mail’s back catalogue on the topic of immigration needs no introduction. It is perhaps no great surprise that, asked to spend some time at […]
Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make this right a reality in […]
The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give […]
The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the […]
When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This is what the Home Office […]
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two […]
Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). […]
The average immigration appeal takes almost 12 months to be resolved, up 13% on the same period last year. This is despite the fact that less than half as many […]
The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) […]
R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived […]
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] […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
It is all change for rights and grounds of appeal on 6 April 2015. The previous range of grounds of appeal, which included section 84(1)(d)of the Nationality, Immigration and Asylum […]
In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full […]
Full appeal rights for applications under the Points Based System are being ended with effect from today, 2 March 2015, and for all other cases from 6 April 2015. The […]
President Mr Justice McCloskey has criticised the Home Office for submitting “wing and a prayer” grounds of appeal to the Upper Tribunal and the judge who granted permission to appeal. […]
In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK […]
In a curious turn of events, the Home Office wrote to the Tribunal Procedure Committee late last year to ‘fess up to having mislead the committee about Home Office policy […]
The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) […]
When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked […]
For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by the Tribunal Procedure (First-tier Tribunal) (Immigration […]
