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Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole?
By Jasmine Theilgaard - Immigration Barrister

In This Article 1. Introduction: A Tribunal Decision at the Centre of Political Debate 2. The Appellants’ Background and Entry Clearance Application 3. Home Office Refusal: No Resettlement Route for Palestinians 4....

 First-Tier Tribunal: Recognising a Human Rights Claim 5. First-Tier Tribunal Decision: Balancing Family Life and Public Interest 6. Grounds of Appeal: Alleged Errors in the First-Tier Tribunal’s...

Immigration Appeal Hearings: What to Expect
By Taya Sayekaya - Immigration Barrister

In This Article 1. Understanding the First-tier Tribunal (Immigration and Asylum Chamber) 2. Confirming the Date and Location of Your Immigration Appeal Hearing 3. Who Attends the Immigration Appeal...

 Hearing? 4. What to Wear and Where to Sit in the Tribunal Room 5. Step-by-Step Guide to the Immigration Appeal Hearing Process 6. Opening Statements and Housekeeping 7. Examination-in-Chief: Presenting Your Evidence 8....

New Practice Direction for Immigration and Asylum Appeals
By Jasmine Theilgaard - Immigration Barrister

In This Article 1. Introduction: New Practice Direction for Immigration Appeals 2. Purpose of the Updated Practice Direction 3. Page Limits in the Practice Direction for Immigration Appeals 4. Requirements...

 for Immigration Appeal Bundles 5. Appellant’s Skeleton Argument: Key Components as Outlined in the Practice Direction 6. Witness Statements in Immigration and Asylum Appeals 7. Expert and Country Information...

How to Challenge a 'Clearly Unfounded' Immigration Decision
By Alexander Ferguson - Legal Associate

In This Article 1. Introduction to Home Office Certification of Immigration Claims as Clearly Unfounded 2. Legal Framework Governing Clearly Unfounded Certificates 3. What Are Your Options if Your Claim Is Certified...

 as Clearly Unfounded? 4. Judicial Review of Clearly Unfounded Certificates 5. Time Limit for Judicial Review 6. The Pre-Action Protocol 7. Applying for Permission and the Substantive Hearing 8. Effect of...

High Court: Failure to Provide Proof of Section 3C Status Unlawful
By David Zuther - Legal Associate

In a judgment handed down on 07 June 2024, the High Court in R (on the application of Refugee and Migrant Forum of Essex and London and Cecilia Adjei) v Secretary of State for the Home Department, [2024] EWHC 1374...

 (Admin) ruled that the Home Secretary’s failure to provide documentary proof of their lawful presence in the UK to thousands of migrants covered by section 3C of the Immigration Act 1971 was unlawful....

What Is a 'New Matter' in an Immigration Appeal?
By Isabella Reynard - Immigration Barrister

Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal.  When appealing...

 an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary...

The Pre-Action Protocol in Immigration Judicial Review
By Isabella Reynard - Immigration Barrister

Embarking on the journey of challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities and procedural intricacies. Whether it’s an entry clearance, leave to remain...

 or settlement decision affecting your rights, understanding the pathway to justice is paramount. At the heart of this process lies the Pre-Action Protocol, a set of guidelines designed to ensure fair and...

Common Mistakes and Errors in UK Visa Applications
By Richmond Chambers -

When submitting a UK visa application through UKVI, any information provided ought to be true, accurate and complete according to the applicant’s knowledge. However, as the process is oftentimes complex and...

 lengthy, it is not uncommon for applicants to make mistakes while preparing their visa applications. Where a mistake has come to an applicant’s attention, they should consider whether remedial steps...

Grounds for Refusal of a UK Immigration Application (Part 2)
By Isabella Reynard - Immigration Barrister

In Part 1 of this two-part series on grounds for refusal of a UK immigration application, we looked at refusals on non-conducive grounds, criminality grounds and for breach of immigration laws. In Part 2...

 will examine immigration refusal decisions based on exclusion, deportation orders or travel ban grounds, false representations grounds, involvement in sham marriage/civil partnership grounds and exclusion from...

Grounds for Refusal of a UK Immigration Application Explained
By Isabella Reynard - Immigration Barrister

Part 9 of the Immigration Rules applies to the vast majority of applications for entry clearance and permission to stay in the UK. It contains the general grounds of refusals and in certain circumstances provides...

 a mandatory ground for refusal, even if an applicant meets the remainder of the suitability, eligibility and validity requirements for their application. If a mandatory ground applies, the entry clearance...

Using Family Court Documents in the Immigration Tribunal
By Richmond Chambers -

Although often characterised by the Home Office as a largely administrative process, the reality of many immigration, asylum and nationality applications is that they incorporate diverse and complex legal and personal...

 issues, which must be properly addressed in order to meet the relevant requirements.  One common issue is the use of family court documents in immigration applications or appeals. Many people would...

SIAC Can Make Findings in Deprivation Appeals
By Alex Papasotiriou - Immigration Barrister

In U3 v Secretary of State for the Home Department & Anor [2023] EWCA Civ 811, the Court of Appeal resolved the purported conundrum formed by the notion that, whilst deprivation appeals (before SIAC) are governed...

 by administrative law principles, they also involve the consideration of evidence that was not before the decision-maker at the time of the decision. It was confirmed that, if it considers that it can...
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