KNOWLEDGE

CENTRE

New Guidance on Evidence from Overseas in the First-tier Tribunal

In our previous blog post, we discussed the case of  Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 00286 (IAC), and the requirements for oral evidence to be heard from abroad in the First-tier Immigration...

Human Rights Claims & Appeal Rights: MY (Pakistan)

In MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 the Court of Appeal considered when an immigration “refusal decision” constitutes a “refusal of a human rights...

Oral Evidence From Abroad in the Immigration Tribunal

When can the First Tier Immigration Tribunal hear oral evidence from abroad? When the foreign state, from where oral evidence is to be taken, says so. Or rather, when the Foreign, Commonwealth and Development Office...

Should Defective Court Orders Be Followed?

The Supreme Court answered with a resounding yes, in R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department [2021] UKSC 46. Facts Of The Case The case involved...

Review of the Senior President of Tribunals’ Annual Report 2021

Senior President of Tribunals, Sir Keith Lindblom recently presented the 2021 annual report.  You can access the 213 page report and read it: here.  This is the first report presented by the current Senior...

Expert Evidence In Immigration Applications and Appeals

We recently examined, in Parts One, Two, Three and Four of our Practical Guide to Immigration Appeals and in First-tier Tribunal Onward Immigration Appeals – A Practical Guide, how and on what basis an immigration...

A v. SSHD: Supreme Court decides the standards for judicial review of public policies

On 30 July 2021, the Supreme Court, of the same constitution, handed down two important decisions: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 and R (on the application...

BF (Eritrea): Challenging the lawfulness of the Secretary of State’s policy guidance

In a judgment given on 30 July 2021 in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38, the Supreme Court assessed the lawfulness of policy guidance issued by the...

First-tier Tribunal Onward Immigration Appeals - A Practical Guide

We recently examined, in Parts One, Two, Three and Four of our Practical Guide to Immigration Appeals, how and on what basis an immigration appeal can be pursued. We have examined both legal and practical...

Immigration Tribunal Appeals - A Practical Guide (4)

We recently examined in parts one, two and three of this practical guide how and on what basis you might lodge an immigration appeal. We have examined both legal and practical considerations.  In this fourth post...

Immigration Tribunal Appeals - A Practical Guide (3)

We recently examined in parts one and two of this practical guide how and on what basis you might lodge an immigration appeal. In this third post, we examine the starting point for an immigration appeal and the...

Immigration Tribunal Appeals: A Practical Guide (2)

We recently examined immigration appeals in the context of the new digital MyHMCTS system and in the context of the Covid-19 Pandemic. We considered what immigration decisions you may appeal against in Part One,...