High Court and Court of Appeal criticise conduct of legal representatives

The High Court and Court of Appeal have been very vocal over the past week in their...

Immigration Lawyers Must Focus On Facts Not Law, Says Court Of Appeal

Yesterday the Court of Appeal considered the case of Parveen v The Secretary State for the Home Department...

Does the protection of section 3C extend to out of time appeals?

(a) person who has limited leave to enter or remain in the United Kingdom...

Sham marriages, marriages of convenience and the burden of proof

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic efforts of the Home Office to prevent abuse...

Extended Family Members of EU Nationals have Right of Appeal - Muhammad Yasir Khan [2017] EWCA Civ 1755

Mr Khan is a national of Pakistan and applied for a Residence Card as the extended family member of his uncle, an EEA national. The Home Office refused the application on the basis that there was not evidence that he was sufficiently dependent or that his EEA...

Virtually Judging Immigration Hearings

Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting Officers or opposing counsel, Judges, HMCTS...

Family members of EEA nationals: When can an appeal stop removal?

In Bilal Ahmed, the Court of Appeal concluded that an appeal under the EEA Regulations against a decision to refuse to issue an EEA document does not prevent the removal of the appellant where there is no other basis of stay. In other words, the appeal does...

Supplementary decision letters do not undermine the rule of law, says Court of Appeal

The Court of Appeal in Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 has issued fresh guidance on the way in which courts and tribunals should view so-called ‘supplementary letters’ (the Court is careful not to refer...

‘Remove First, Appeal Later’ Extended

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy...

U-turn on proposed immigration appeal fee increases

The Minister of State for Courts and Justice has announced that the government’s proposed Immigration Tribunal fee increases will no longer go ahead.The Proposed Changes A fee of £350 if the applicant wished to apply for permission to appeal to the Upper...

Upper Tribunal finds that justice must be seen to be done

The case of Elayi (India) v Secretary of State for the Home Department [2016] UKUT 508 has highlighted the importance of the appearance...

Litigation debt as a general ground for refusal

In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced...