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Increase In Immigration Appeal Fees Limits Immigrants From Challenging Home Office Decisions
By Richmond Chambers -

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...

 opposed to the proposal. The New Appeal Fee Structure And Its Effects The following is the new fee structure imposed by the Ministry of Justice from 10 October 2016: To apply for an oral hearing at the...

Unacceptable delays in Tribunal appeal listing acknowledged by Senior Judiciary
By Alexandra Pease - Barrister Partner

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...

 being separated for longer than they ever may have anticipated.  For some individuals there can be irreversible consequences. The Senior President of Tribunals’ Annual Report 2016 was recently...

Section 3C and the Notices Regulations
By Richmond Chambers -

Section 3C of the Immigration Act 1971 provides for an automatic extension of leave while an in-time application is being decided, including while it is being appealed. Importantly, for section 3C to be engaged,...

 the application has to be made before the previous leave expires and the previous leave must expire before a decision is made on the application. It is therefore very important to know when a decision is...

Evidential flexibility: What is it and does it mean anything?
By Richmond Chambers -

The Immigration Rules, particularly the Points Based System, increasingly require migrants and potential migrants to provide Specified Evidence with their applications. Errors and omissions in the...

 evidence provided with the application (whether inadvertent or otherwise) can lead to refusal irrespective of what many may consider to be the overall merits of the application. These errors cannot be remedied by...

R (on the application of Jennifer Kerr) v. SSHD IJR [2014] UKUT 00493 (IAC) | Case Summary
By Richmond Chambers -

In R (on the application of Jennifer Kerr) v. SSHD IJR [2014] UKUT 00493 (IAC) the applicant was a citizen of Jamaica who entered the UK in May 2001 as a visitor. She had remained in the UK unlawfully following...

 the expiry of her visitor visa. On 24 September 2011, she married her husband, a British citizen. About 12 months later she applied for leave to remain in the UK under Article 8 on the basis of the family...

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