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The Relevance of Chikwamba to Human Rights Appeals
By Alex Papasotiriou - Immigration Barrister

In Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30, the Court of Appeal had to consider the relevance of the decision of the House of Lords in Chikwamba v Secretary of State for...

 the Home Department [2008] UKHL 40 to human rights appeals at present. The Upper Tribunal had dismissed the appeals of the two appellants, as had the First-tier Tribunal before it. The appeals were against the...

BF (Eritrea): Challenging the lawfulness of the Secretary of State’s policy guidance
By Alex Papasotiriou - Immigration Barrister

In a judgment given on 30 July 2021 in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38, the Supreme Court assessed the lawfulness of policy guidance issued by the...

 Secretary of State for the Home Department in relation to the age assessment of asylum seekers. This was with reference to the principles set out in a judgment given on the same day, in R (A) v Secretary...

Immigration Tribunal Appeals - A Practical Guide (4)
By Alexandra Pease - Immigration Barrister

We recently examined in parts one, two and three of this practical guide how and on what basis you might lodge an immigration appeal. We have examined both legal and practical considerations.  In this fourth post...

 we examine other practical considerations for the presentation of an immigration appeal. The factors and considerations below cannot be considered an exhaustive list. The approach to an appeal will depend...

Court of Appeal rules Home Office removal window policy unlawful
By Richmond Chambers -

On 21/10/2020, in R ((1) FB (Afghanistan) (2) Medical Justice) v Secretary of State for the Home Department [2020] EWCA Civ 1338, the Court of Appeal unanimously declared that the Home Office’s removal window policy...

 (“the Policy”) unlawfully created a real risk of preventing migrants from access to justice.  Background Section 10(1) of the Immigration and Asylum Act 1999 as amended by the Immigration Act 2014...

Some UK asylum seekers waiting over 20 years for Home Office decisions on their application for asylum
By Richmond Chambers -

A detailed investigation by The Guardian newspaper into the length of time asylum seekers spend waiting for Home Office decisions on their claims for asylum has revealed that some people are hanging on for...

 over 20 years for a final decision. In 2017 alone, 17 people were advised on the final outcome of claims submitted over 15 years back, with four of these people waiting 20 years for the final decision. One asylum...

Home Secretary Criticised for “Compassion Quota” in Asylum Policy
By Richmond Chambers -

Theresa May is facing criticism for her plans to introduce what many critics are calling a “compassion quota” which offers the bare minimum protection to the vast majority of refugees. The policy,...

 which has been branded as the government’s strategy on asylum has been met with criticism by many. The policy states that only more of the most vulnerable refugees will only be resettled in Britain if that is...

Changes to appeals against immigration decisions
By Richmond Chambers -

The UK Border Agency has announced that the Ministry of Justice is to introduce appeal fee charges for some asylum and immigration appeals from 19th December 2011.

 The UK Border Agency has announced that the Ministry of Justice is to introduce appeal fee charges for some asylum and immigration appeals from 19th December 2011.

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