KNOWLEDGE

CENTRE

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...

Section 3C Explained: A Flowchart for Human Rights Applications

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated...

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...

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...