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Home Office Withdraws Spouse Extension Refusal
By Alexandra Pease - Barrister Partner

Alex Papasotiriou and Alexandra Pease, working together with Olivia Waddell and our experienced team of legal associates, have achieved another successful result on behalf of a client of Richmond Chambers. ...

 She had entered the UK as a partner (spouse) and made an extension application.  We were instructed at the immigration appeal stage. The matter progressed through the immigration appeal process and was...

Self-Serving Statements
By Alexandra Pease - Barrister Partner

In R (on the application of SS) v Secretary of State for the Home Department (“self-serving” statements) [2017] UKUT 164 (IAC) heard before Upper Tribunal Judge Lane it was held that: (1) The expression...

 “self-serving” is, to a large extent, a protean one. The expression itself tells us little or nothing. What is needed is a reason, however brief, for that designation. For example, a letter...

Out of Country Human Rights Appeals
By Alexandra Pease - Barrister Partner

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI2016/1037) which...

 allows the Secretary of State for the Home Department to certify human rights appeals. This allows the Home Office to remove a person who pursues an appeal based on human rights even while the appeal is pending....

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...

Immigration appeal fees set to rise by over 500%
By Richmond Chambers -

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...

 Asylum Chamber) on 21 April 2016. Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.

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...

Certification of a human rights claim as ‘clearly unfounded’ and how to avoid it
By Gillian McCall - Barrister Partner

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...

 a right of appeal against the refusal decision. This affected people who had no leave to remain in the UK at the time that they made their application, who would have no right of appeal if an application...

Extension of leave pending appeal – avoiding the Section 3C trap
By Richmond Chambers -

Section 3C of the Immigration Act 1971 (“section 3C”) automatically extends an applicant’s existing leave to remain in the UK (“leave to remain”) in certain circumstances until a decision has been made...

 on their application for further leave to remain and, if necessary, during the ensuing appeal. This can be a very helpful provision; however changes introduced by the Immigration Act 2014 provide a trap for...

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.

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