KNOWLEDGE

CENTRE

The Second Appeals Test in Immigration Law

In this post, we explain the Second Appeals test and note some recent developments in the area. What is the Second Appeals test? The Second Appeals Test was introduced by s.13(6) of the Tribunals, Courts and Enforcement...

Reconsideration of a visa or immigration decision

A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting...

Costs in Immigration Judicial Review Proceedings

As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review.  An...

Grounds of appeal after the Immigration Act 2014

The Immigration Act 2014 (“the 2014 Act”) made major changes to the immigration appeals landscape. The 2014 Act reduced the grounds of appeal by 13 (17 to four). This is important because it means that there...

Rights of appeal after the Immigration Act 2014

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the...

5 FAQS about paragraph 320(11)

In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration...

Unreasonable Costs in Immigration Appeals

Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014...

The Court of Appeal interprets s.117B(6)

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum...

Immigration Judicial Review: The Process

Please note that this is the final blog in a three-part series. You may wish to refer to the first blog, Judicial review: The basics and Preliminary steps for immigration judicial review  before reading...

Oral Decisions by First-tier Tribunal Immigration Judges

Under rule 29 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, a Tribunal may give a decision orally at a hearing. These are the next steps if a Tribunal does so: As...

Home Office Exercise of Discretion and Technical Errors

Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702,...

How to interpret decisions on permission to appeal

The recent case of Safi and others (permission to appeal decisions) [2018] UKUT 388 (IAC) provides helpful guidance on interpreting the scope of decisions in which permission to appeal from the First-tier to the...