KNOWLEDGE

CENTRE

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review

The Court of Appeal in Oyekan v Secretary of State for the Home Department [2016] EWCA Civ 1352 has found that an application to seek judicial review of an immigration decision before all other remedies had been...

Supplementary decision letters do not undermine the rule of law, says Court of Appeal

The Court of Appeal in Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 has issued fresh guidance on the way in which courts and tribunals should view so-called ‘supplementary...

‘Remove First, Appeal Later’ Extended

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The...

U-turn on proposed immigration appeal fee increases

The Minister of State for Courts and Justice has announced that the government’s proposed Immigration Tribunal fee increases will no longer go ahead. The Proposed Changes Last month, notable changes to the fee...

Upper Tribunal finds that justice must be seen to be done

The case of Elayi (India) v Secretary of State for the Home Department [2016] UKUT 508 has highlighted the importance of the appearance of justice in immigration cases, as well as the implementation of justice...

Changes to validity of applications and administrative review

The Immigration Rules have today been amended with the aim of clarifying how to make a valid application for leave to remain, and the circumstances in which fresh evidence can be submitted in administrative review...

Litigation debt as a general ground for refusal

In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced as a general ground of refusal in Part 9 of the Immigration Rules (HC877)....

Upper Tribunal finds that there is no shared duty of cooperation on a Member State to substantiate nationality

The Upper Tribunal has recently given its determination in the case of MW (Nationality; Art 4 QD; duty to substantiate) Eritrea [2016] UKUT 00453 (IAC). In its determination the Upper Tribunal analyses on whom...

Increase In Immigration Appeal Fees Limits Immigrants From Challenging Home Office Decisions

The Ministry of Justice has today increased some immigration and asylum appeal fees by up to 500%.  This is against the backdrop of a consultation in which 142 out of 147 respondents indicated that they were...

Upper Tribunal considers cross border judicial review proceedings

The case of R (on the application of Kashif) v Secretary of State for the Home Department (JR jurisdiction: applicant in Scotland) IJR [2016] UKUT 00375 (IAC) raised a question of jurisdiction, namely whether a...

Service of non-appealable immigration decisions

Save for visitors and those authorised to obtain leave to enter the UK by passing through an automated gate, the statutory power to give or refuse leave to enter the UK and to give leave to remain or to vary any...

An Inspection of the Administrative Review Process September – December 2015

The Immigration Act 2014 resulted in the loss of appeal rights to the independent Immigration and Asylum Tribunal for many immigration decisions. Individuals can now seek an administrative review in place of...