KNOWLEDGE

CENTRE

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...

Amending Grounds in Judicial Review Proceedings

The President of the Upper Tribunal (Immigration and Asylum Chamber) has recently given guidance on the correct approach to be adopted in applications to amend grounds in judicial review proceedings in R (on...

New Appendix SN: Service of Notices

Appendix SN is a new appendix to the Immigration Rules introduced by Statement of Changes in Immigration Rules HC877 and deals with service by the Home Office of various decisions in relation to immigration matters....

Immigration appeal fees set to rise by over 500%

The government has published a consultation paper proposing new fees for proceedings in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and...

Slip Rule cannot be used to reverse the effect of an immigration decision

In Katsonga ("Slip Rule"; FtT's general powers) [2016] UKUT 228 (IAC) the Upper Tribunal reviewed the ambit of rule 31 of the First-tier Tribunal Procedure Rules...

Fresh evidence in Administrative review proceedings

Following the coming into force of the Immigration Act 2014 and the significant changes to the rights of appeal this introduced, the use of Administrative Review as a means of challenging a decision of the...

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...

The flexible nature of judicial review

In Keyu & Ors v Secretary of State for Foreign and Commonwealth Affairs & Anor [2015] UKSC 69, [2015] 3 WLR 1665, Supreme Court was invited to reconsider the basis on which the courts review decisions...