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KNOWLEDGE CENTRE
Home Office Exercise of Discretion and Technical Errors
to consider such a grant [outside of the Rules] when expressly asked to do so and, if but briefly, deal with any material relied upon by an applicant in support” [39]. The Court of Appeal was bound by this principle in the recent case of Asiweh v...
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...
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...
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...
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...
Latest on TOEIC/ETS cases - Court of Appeal case of Khan
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?
“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
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...
Upper Tribunal considers cross border judicial review proceedings
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...
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