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How to interpret decisions on permission to appeal
It is essential for a judge who is granting permission to appeal only on limited grounds to say so, in terms, in the section of the standard form document that contains the decision, as opposed to the reasons for the decision. (2) It is likely to be only...
Dishonesty and deception in immigration cases
application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.” Paragraph 6...
Court of Appeal considers failure to enrol biometrics
indefinite leave to remain and the grave consequences of failing to so do. Jayaraman’s failure to enrol his biometrics led to the invalidity of his application and after the expiry of his limited leave to remain he was rendered an overstayer. The...
Preliminary steps for immigration judicial review
the previous blog, immigration judicial review is a remedy of last resort. Therefore, all other avenues of appeal or other alternative remedies, such as administrative review, have to have been exhausted before judicial review can take place. If another...
Court of Appeal gives guidance on invalid applications
hear the purported appeal against an invalid application. Kousar made two Tier 1 (Entrepreneur) applications for leave to remain. The first was deemed invalid 3 days after she made the application, as she failed to tick the relevant box on the payment...
What is the difference between Administrative Review and Judicial Review?
Judicial Review processes exist in order to ensure that errors committed on cases by public bodies, such as the Home Office can be exposed and a solution found. So what is the difference between the two processes, and which avenue should be pursued...
Deportation - Part 2: Appeals and Judicial Review
will be taking a closer look at what that individual (of EEA or non-EEA origin) can do to challenge such a decision. Deportation – Pre-Appeal It is important to note that, prior to lodging an appeal, an opportunity to challenge the decision should present...
Appeals against deprivation of British citizenship
order (section 40A(1) of the British Nationality Act 1981). In Arusha and Demushi (deprivation of citizenship – delay) [2012] UKUT 80, the Upper Tribunal endorsed the uncontested rulings of the First-tier Tribunal on the nature and scope of an appeal...
Mansur (immigration adviser's failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC)
the precedent FP (Iran) & Anor v SSHD [2007] EWCA Civ 13, which established that fairness demands that an applicant or appellant should not be held accountable for the failures of her immigration lawyer in the context of asylum, I take this as the...
AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC)
either party, as well as providing clarification on the effect of delay on tribunal decisions. Factual background The claimant is an ethnic kurd and citizen of Iran seeking asylum in the UK on the basis that he will be arrested on return to Iran because of his...
Judicial review in immigration law: The basics
of illegality, irrationality and unfairness. Judges will determine whether the way a decision was made was procedurally and legally correct, and not whether the conclusion is ‘right’ on the facts. If the court finds that the public authority has acted...
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