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Latest on TOEIC/ETS cases - Court of Appeal case of Khan
By Lawrence Youssefian

Those familiar with TOEIC/ETS deception cases will be aware that these cases have led to a considerable amount of litigation. The latest Court of Appeal case of Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 follows from the relatively...

 recent Court of Appeal case of Ahsan v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009. In Ahsan, it was held that an out-of-country appeal in a TOEIC/ETS deception was not an adequate alternative remedy when considering...

Section 3C leave & Judicial review - Has it come to an end or not?
By Alex Papasotiriou

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department mentions on four occasions that...

 “section 3C leave can exist only where it is a seamless continuation of leave, either extant leave or section 3C leave.” This is mentioned in the context of out of time appeals or applications for administrative review when the Tribunal or the Secretary of State,...

How to challenge a visit visa refusal by Judicial Review
By Zarina Rahman

The largest category of entry clearance visas granted are visit visas issued to those who want to visit the UK. We are receiving an increasing number of enquiries from those who have been refused a visit visa and want advice on how to challenge this. There...

 are few mandatory documents required as part of the application and broad discretion afforded to entry clearance officers (‘ECOs’). This means that visit visa refusal decisions are often poorly reasoned, fail to engage with the evidence, suffer from factual...

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review
By Richmond Chambers

The Court of Appeal in Oyekan v Secretary of State for the Home Department [2016] EWCA Civ 1352 has found that an application to seek judicial...

 review of an immigration decision before all other remedies had been exhausted was manifestly ill-founded.The Original ClaimContact Our Immigration Lawyers

Upper Tribunal considers cross border judicial review proceedings
By Richmond Chambers

The case of R (on the application of Kashif) v Secretary of State for the Home Department (JR jurisdiction: applicant in Scotland) IJR [2016] UKUT 00375 (IAC) raised a question of jurisdiction, namely whether a person who is in Scotland ought to be allowed to bring...

 judicial review proceedings in relation to a decision taken by the Secretary of State in England and Wales. Whether the Tribunal sitting in England and Wales or on the other side of the border has power to reduce a decision of the Minister or to quash...

Amending Grounds in Judicial Review Proceedings
By Alexis Slatter

The President of the Upper Tribunal (Immigration and Asylum Chamber) has recently given guidance on the correct approach to be adopted in applications to amend grounds in judicial review proceedings...

 in R (on the application of Spahiu and another) v Secretary of State for the Home Department (Judicial review – amendment – principles) IJR [2016] UKUT 00230 (IAC).Contact Us

The flexible nature of judicial review
By Alexis Slatter

In Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor [2015] UKSC 69, [2015] 3 WLR 1665, Supreme Court was invited to reconsider the basis on which the courts review decisions of the executive, and in particular that the traditional Wednesbury...

 rationality basis for challenging executive decisions should be replaced by a more structured and principled challenge based on proportionality. That invitation was declined on the basis that it would be inappropriate for a five-Justice panel of the...

Judicial Review in ETS TOEIC deception cases
By Tanya Murshed

In the case of R (Mehmood and Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 744 heard on 7 July 2015, the Court of Appeal confirmed that Judicial Review is not appropriate in challenging ETS deception cases where no ‘special’ or ‘exceptional’...

 circumstances exist – the right to an out-of-country appeal is an adequate remedy. The right to an in-country of appeal where a removal decision has been made at the same time a person’s leave has been invalidated by the Secretary of State...

Tribunal gives guidance on power to strike out in immigration judicial review
By Alexis Slatter

In a recently reported case on a renewed application for permission to proceed with a claim for judicial review, the Tribunal has flexed its muscle again and demonstrated its willingness to use even the most draconian of mechanisms in the Procedure Rules to remedy...

 omissions or short-comings at the interim relief or permission stage. The President of the Upper Tribunal has given guidance on the power of strike out under rules 7 and 8 of The Tribunal Procedure (Upper Tribunal) Rules 2008: R (SN) v SSHD [2015] UKUT...

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