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LOCATION: Home » Immigrations Appeal » Page 3

KNOWLEDGE
CENTRE

When does section 3C leave end?
By Gillian McCall - Barrister Partner

Section 3C of the Immigration Act 1971 is an important provision for any migrant in the UK. This section allows a person who has submitted an in-time application to extend their stay in the UK (i.e. if they submit...

 their application before their leave expires) not to become an overstayer while their application remains outstanding. This means that if an individual submits an application when they have leave to...

What is a Pre-Action Protocol Letter?
By Richmond Chambers -

Pre-action protocol is the conduct that the court expects both parties to undertake before commencing proceedings, as set out in the Civil Procedure Rules (CPR). A pre-action protocol letter, or PAP, is a...

 legal letter written to the Home Office in order to try and resolve a dispute before court proceedings are commenced. It is sometimes also referred to as a ‘letter before claim’ or ‘letter before action’....

How to challenge a visit visa refusal by Judicial Review
By Richmond Chambers -

The largest category of entry clearance visas granted are visit visas issued to those who want to visit the UK. We are receiving an increasing number of enquiries from those who have been refused a visit visa and...

 want advice on how to challenge this. There are few mandatory documents required as part of the application and broad discretion afforded to entry clearance officers (‘ECOs’). This means that visit...

How to Appeal a UK Visa or Immigration Refusal
By Alex Papasotiriou - Immigration Barrister

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...

 human rights claim and the circumstances in which the Home Office may prevent an individual from appealing a Home Office refusal decision. We also looked at the online immigration appeal process, time...

How to Appeal a UK Visa or Immigration Decision
By Alexandra Pease - Barrister Partner

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...

 human rights claim and the circumstances in which the Home Office may prevent an individual from appealing a Home Office refusal decision. We also look at the online immigration appeal process, time limits...

Refusal of Entry to the UK on National Security Grounds
By Alex Papasotiriou - Immigration Barrister

The case of Alo & Ors, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2380 involved a judicial review claim brought by a family of Afghan nationals against the...

 Secretary of State for the Home Department’s decisions to refuse their applications for entry clearance under the Immigration Rules. In a rolled-up hearing, Swift J granted the Claimants permission to apply for...

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

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...

 effective immigration control by removing a foreign national to their country of origin. In KB (Article 8: Points-Based Proportionality Assessment) Albania [2022] UKUT 161 (IAC), the First-Tier...

Preliminary steps for immigration judicial review
By Georgina Griggs - Immigration Barrister

Please note that this blog is a part of a series on immigration judicial review. You may wish to refer to the first blog, Judicial review: The basics before reading this. Have all other avenues prior to immigration...

 judicial review been exhausted? As discussed in the previous blog, immigration judicial review is a remedy of last resort. Therefore, all other avenues of appeal or other alternative remedies, such as...

New Guidance on Evidence from Overseas in the First-tier Tribunal
By Jasmine Theilgaard - Immigration Barrister

In our previous blog post, we discussed the case of  Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 00286 (IAC), and the requirements for oral evidence to be heard from abroad in the First-tier Immigration...

 Tribunal. Since this case, the President of the First-tier Tribunal’s Immigration and Asylum Chamber has published new guidance for parties who wish to call oral evidence from a witness who is not...

Immigration Judicial Review: The Process
By Georgina Griggs - Immigration Barrister

Please note that this is the final blog in a three-part series. You may wish to refer to the first blog, Judicial review: The basics and Preliminary steps for immigration judicial review  before reading...

 this. Final checks before lodging a judicial review As discussed in the previous blog, judicial review is a remedy of last resort. Therefore, all other avenues of relief must haves been explored and...

Human Rights Claims & Appeal Rights: MY (Pakistan)
By Dr. Catherine Taroni - Immigration Barrister

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...

 claim” for the purpose of the Immigration Act 2014.   Background in MY Pakistan The Secretary of State had refused an application for Indefinite Leave to Remain (ILR) under Appendix FM as the victim of domestic...

Oral Evidence From Abroad in the Immigration Tribunal
By Alex Papasotiriou - Immigration Barrister

When can the First Tier Immigration Tribunal hear oral evidence from abroad? When the foreign state, from where oral evidence is to be taken, says so. Or rather, when the Foreign, Commonwealth and Development Office...

 (FCDO) says that the foreign state says so. So said the Upper Tribunal in Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 00286 (IAC). At a time when the Tribunal, having had to adapt to the...
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