KNOWLEDGE

CENTRE

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...

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...

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...

Changes to the General Grounds for Refusal

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...

Section 3C Leave Explained: All You Need To Know

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...

Vulnerable adult witnesses in immigration appeals

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...

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...

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...