Personal Immigration
Business Immigration
About Us
LATEST NEWS:
Skilled Worker Route & Senior or Specialist Worker Route Compared Sponsor Duties: Managing Third-Party Work for Skilled Workers Registering a Child Born in the UK as a British Citizen after 10 years UK Expansion Worker & Senior or Specialist Worker Routes Compared Are You Suitable for Family Settlement (ILR) in the UK? (Part 1) Who Can Be a Referee in a British Citizenship Application? Client Success: Securing a UK Spouse Visa for a US Citizen Proving Strong Ties in Returning Resident Visa Applications Updated British Citizenship Criminality Good Character Guidance A Guide to British Citizenship Priority Treatment Requests

Please filter our resources:

LOCATION: Home » Immigrations Appeal » Page 10

KNOWLEDGE
CENTRE

Extension of leave pending appeal – avoiding the Section 3C trap
By Richmond Chambers -

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...

 on their application for further leave to remain and, if necessary, during the ensuing appeal. This can be a very helpful provision; however changes introduced by the Immigration Act 2014 provide a trap for...

Raising new matters in immigration appeals
By Richmond Chambers -

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...

 thinks relevant to the substance of the decision, including a matter arising after the date of the decision. Prior to the coming into force of the Immigration Act 2014 on 6 April 2015, the appellant could,...

Judicial Review in ETS TOEIC deception cases
By Richmond Chambers -

In the case of R (Mehmood and Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 744 heard on 7 July 2015, the Court of Appeal confirmed that Judicial Review is not appropriate in challenging...

 ETS deception cases where no ‘special’ or ‘exceptional’ circumstances exist – the right to an out-of-country appeal is an adequate remedy. The Appellants, both nationals of Pakistan had made...

Tribunal gives guidance on power to strike out in immigration judicial review
By Alexis Slatter - Immigration Barrister

In a recently reported case on a renewed application for permission to proceed with a claim for judicial review, the Tribunal has flexed its muscle again and demonstrated its willingness to use even the most draconian...

 of mechanisms in the Procedure Rules to remedy omissions or short-comings at the interim relief or permission stage. The President of the Upper Tribunal has given guidance on the power of strike out...

Administrative Review after the Immigration Act 2014
By Richmond Chambers -

Following the introduction of the Immigration Act 2014, applicants who apply under Tier 1, Tier 2, Tier 4 and Tier 5 of the points-based system no longer enjoy a full right of appeal.   Where the initial application...

 includes a human rights claim, it is still technically possible to challenge any refusal of a points-based application on human rights grounds. However, the instances in which this will offer an...

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

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...

 Upper Tribunal often overlook. It is, however, an important consideration when examining the merits of such as an appeal. Firstly, consideration is given to whether there is an arguable case that the Upper...

DOWNLOAD OUR
BROCHURE

Expert advice & representation from immigration barristers that you can rely on.

Google+ - Five Stars

Read the 600+ five out of five star Google reviews of our immigration barristers.

More
AWARDS