KNOWLEDGE

CENTRE

Extension of time for seeking permission to appeal to the Upper Tribunal

In Onowu, R (on the application of) v First-tier Tribunal (Immigration and Asylum Chamber) (extension of time for appealing: principles) (IJR)[2016] UKUT 185 (IAC) (31 March 2016) the Upper...

Unacceptable delays in Tribunal appeal listing acknowledged by Senior Judiciary

Long waiting lists for the hearing of Tribunal appeals have recently become a key focal point for discussion.  Delays in listing inevitably cause added anxiety for the individuals involved and can result in families...

Certification of a human rights claim as ‘clearly unfounded’ and how to avoid it

Prior to the relevant provisions of the Immigration Act 2014 coming into force in April 2015, individuals who had an immigration application refused which did not bring their leave to an end did not benefit from...

Extension of leave pending appeal – avoiding the Section 3C trap

Section 3C of the Immigration Act 1971 (“section 3C”) automatically extends an applicant’s existing leave to remain in the UK (“leave to remain”) in certain circumstances until a decision has been made...

Raising new matters in immigration appeals

Section 85 of the Nationality, Immigration and Asylum Act 2002 (as amended) provides that on an appeal against an immigration decision, the Tribunal may take into consideration evidence about any matter which it...

The ‘Second-Tier Appeals Test’: Objective or Subjective?

The ‘Second-Tier Appeals Test’, introduced to emphasise the authority of the Upper Tribunal as a specialised appellate court, is a provision which Appellants seeking to appeal to the Court of Appeal from the...