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LOCATION: Home » Immigration Appeal Barristers in London

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Oral Decisions by First-tier Tribunal Immigration Judges
By Richmond Chambers -

Under rule 29 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, a Tribunal may give a decision orally at a hearing. These are the next steps if a Tribunal does so: As...

 soon as reasonably practicable, the Tribunal must provide notice of the decision and of any right and timeframe for appealing the decision; But, only in decisions relating to an asylum or humanitarian...

How to interpret decisions on permission to appeal
By Richmond Chambers -

The recent case of Safi and others (permission to appeal decisions) [2018] UKUT 388 (IAC) provides helpful guidance on interpreting the scope of decisions in which permission to appeal from the First-tier to the...

 Upper Tribunal is granted. The headnote states: (1) It is essential for a judge who is granting permission to appeal only on limited grounds to say so, in terms, in the section of the standard form document...

Immigration Appeal Adjournments in the First-tier Immigration Tribunal
By Richmond Chambers -

Although waiting times for an immigration appeal in the UK are currently very long, with an average of 12 months, there may be circumstances where an adjournment is necessary to allow further time to...

 properly prepare an appeal. This is explored further in this article.    How will an application for an immigration appeal adjournment be considered? As part of its general case management powers, the First-tier...

Review of the Senior President of Tribunals’ Annual Report 2018
By Alexandra Pease - Barrister Partner

The  Senior President of Tribunals’ Annual Report 2018 was published on 25 May 2018.   This year there will be two reports.  This article analyses the material provided by the IAC Chambers of the Tribunal....

  In July a second report will focus on and address modernisation. Upper Tribunal – IAC The Immigration and Asylum Chamber report by Mr Justice Lane begins at page 14.  The report begins with a...

Does the protection of section 3C extend to out of time appeals?
By Richmond Chambers -

Whether a migrant is protected under section 3C of the Immigration Act 1971 (“s.3C”) is often not too complicated to figure out. If they have made an in-time application and a decision is received after the...

 expiry of their leave, then their leave is automatically extended by statute. Similarly, leave is extended throughout the appeal period if lodged in time. However, what if a migrant has section 3C but, for...

Service of non-appealable immigration decisions
By Alexis Slatter - Immigration Barrister

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...

 (duration of or conditions attached to) a person’s leave to remain; must be exercised by notice in writing given to the person affected: section 3(3)(a) and 4(1) of the Immigration Act 1971. There are two...

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...

Three new decisions from the Upper Tribunal
By Paul Richmond - Managing Partner

JO and Others (section 55 duty) Nigeria [2014] UKUT 517 (IAC)(1) The duty imposed by section 55 of the Borders Citizenship and Immigration Act 2009 requires the decision-maker to be properly informed...

 of the position of a child affected by the discharge of an immigration etc function. Thus equipped, the decision maker must conduct a careful examination of all relevant information and factors.

New Article 8 case: R on the application of Aliyu and another v SSHD [2014] EWHC 3919 (Admin)
By Richmond Chambers -

In R on the application of Aliyu and another v SSHD [2014] EWHC 3919 (Admin) the Claimants were sisters who arrived in the UK from Nigeria aged 11 and 10. At the date of hearing the Claimants were 22 and 21 years...

 old respectively.Application of the post 9 July 2012 Immigration Rules Age of the Claimants on arrival; Their pre-18 relationships and post-18 relationships with their aunt and other family in the UK; The...

Adjournments and the right to a fair hearing
By Richmond Chambers -

In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the Upper Tribunal stated that in most cases, the main question to be determined in an application for an adjournment is whether the...

 refusal would deprive the appellant of a fair hearing. The question for the Upper Tribunal on appeal is not whether the First-tier Tribunal Judge acted reasonably, but whether there was in fact a deprivation of the...

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