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Changes to the General Grounds for Refusal
By Alex Papasotiriou - Immigration Barrister

The Statement of Changes in Immigration Rules (HC 813) published on 22 October 2020 signalled a major overhaul of the UK immigration system, with the introduction of the new Points-Based Immigration System in a...

 document comprising 510 pages. However, there are additional revisions with wide-reaching effect: Part 9 of the Immigration Rules, containing the grounds for the refusal or cancellation of entry clearance,...

Court of Appeal rules Home Office removal window policy unlawful
By Elana Kaymer - Legal Associate

On 21/10/2020, in R ((1) FB (Afghanistan) (2) Medical Justice) v Secretary of State for the Home Department [2020] EWCA Civ 1338, the Court of Appeal unanimously declared that the Home Office’s removal window policy...

 (“the Policy”) unlawfully created a real risk of preventing migrants from access to justice.  Background Section 10(1) of the Immigration and Asylum Act 1999 as amended by the Immigration Act 2014...

Section 3C Leave Explained: All You Need To Know
By Zoe Bantleman - Immigration Barrister

What is section 3C leave? When does section 3C leave apply? Does section 3C extend leave to remain in the UK? When and how does section 3C leave end? Can section 3C leave be cancelled? These are just some of the...

 questions asked by our clients who are concerned about how section 3C of the Immigration Act 1971 may impact on their immigration status. Section 3C Leave Explained: All You Need To Know In association with...

New Guidance on Implementing Allowed Immigration Appeals
By Alexandra Pease - Immigration Barrister

On 04 August 2020, the Implementing allowed appeals Guidance, Version 1.0  was published for Home Office staff.  The 18 page document applies to “anyone responsible for implementing an allowed appeal  (including...

 litigation caseworkers dealing with judicial reviews related to implementing allowed appeals and Border Force Officers dealing with those returning to the UK after an allowed appeal)”. Implementation...

Senior President of Tribunals’ Annual Report 2020
By Alexandra Pease - Immigration Barrister

Sir Ernest Ryder, the Senior President of Tribunals, published his annual report for 2020 on 29 July 2020.  This is the sixth report and the last of the Senior President’s tenure. The 142 page report can be found:...

 here Senior President’s Introduction In the introduction, the report acknowledges the challenges faced during the Covid-19 Pandemic: “The national emergency of COVID-19 has provided a backdrop for...

Vulnerable adult witnesses in immigration appeals
By Jasmine Theilgaard - Immigration Barrister

In certain circumstances, applications can be made for appellants and witnesses in the Immigration Tribunal to be treated as ‘vulnerable’. The Tribunal can also make a finding that an appellant or...

 witness is vulnerable of its own accord. If either an appellant or witness is identified as being vulnerable then the Tribunal will be likely to put special measures in place. What makes an appellant or witness in...

The Second Appeals Test in Immigration Law
By Richmond Chambers -

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...

 Act 2007. It sets a higher threshold for challenging certain kinds of decisions made by the Upper Tribunal to the Court of Appeal. The purpose of the test is to emphasise the specialist function of...

Reconsideration of a visa or immigration decision
By Richmond Chambers -

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...

 a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for...

Costs in Immigration Judicial Review Proceedings
By Jasmine Theilgaard - Immigration Barrister

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...

 important consideration when deciding whether to pursue immigration judicial review is the potential cost implications. The general rule is that the unsuccessful party will pay the costs of the successful...

Grounds of appeal after the Immigration Act 2014
By Richmond Chambers -

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...

 are now fewer circumstances in which the refusal of an immigration application can be challenged. The provisions in the 2014 Act were phased and came fully into force on 06 April 2015.  What is an...

Rights of appeal after the Immigration Act 2014
By Richmond Chambers -

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...

 Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed...

5 FAQS about paragraph 320(11)
By Stefania Patuto - Pupil Barrister

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...

 Rules. Where an applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules’, the application could be refused under paragraph 320(11). In this post...
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