KNOWLEDGE

CENTRE

Immigration Appeal Disposal: Should the Upper Tribunal Remake or Remit?

The “disposal” of an appeal by the Upper Tribunal, namely whether the appeal should have been remitted to the First-tier Tribunal rather than retained at the Upper Tribunal for remaking, was at the heart of...

My UK Visa Has Been Cancelled - Why and What Can I Do?

In this post, we look at the reasons why a UK visa may be cancelled by the Home Office, what happens if a UK visa is cancelled by the Home Office, when cancellation of a UK visa takes effect and your options if...

Refusals on 'Not Conducive to the Public Good' Grounds

Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements....

Home Office Withdraws Spouse Extension Refusal

Alex Papasotiriou and Alexandra Pease, working together with Olivia Waddell and our experienced team of legal associates, have achieved another successful result on behalf of a client of Richmond Chambers. ...

How to Appeal a UK Visa or Immigration Refusal

In Part 1 of this comprehensive two-part guide to appealing against a Home Office visa or immigration refusal decision, we looked at which immigration decisions have a right of appeal, what constitutes an appealable...

How to Appeal a UK Visa or Immigration Decision

In Part 1 of this comprehensive two-part guide to appealing against a Home Office visa or immigration refusal decision, we look at which immigration decisions have a right of appeal, what constitutes an appealable...

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment

Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining...

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...