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Vulnerable adult witnesses in immigration appeals
By Jasmine Theilgaard - Immigration Barrister

In certain circumstances, applications can be made for appellants and witnesses in the Immigration Tribunal to be treated as ‘vulnerable’. The Tribunal can also make a finding that an appellant or...

 witness is vulnerable of its own accord. If either an appellant or witness is identified as being vulnerable then the Tribunal will be likely to put special measures in place. What makes an appellant or witness in...

The Second Appeals Test in Immigration Law
By Richmond Chambers -

In this post, we explain the Second Appeals test and note some recent developments in the area. What is the Second Appeals test? The Second Appeals Test was introduced by s.13(6) of the Tribunals, Courts and Enforcement...

 Act 2007. It sets a higher threshold for challenging certain kinds of decisions made by the Upper Tribunal to the Court of Appeal. The purpose of the test is to emphasise the specialist function of...

Reconsideration of a visa or immigration decision
By Richmond Chambers -

A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting...

 a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for...

Is the public interest in deporting foreign offenders a ‘fixed quality'?
By Richmond Chambers -

In this post, we consider the approach that the courts have adopted when considering the public interest in deporting foreign offenders. Section 117 of the Nationality, Immigration and Asylum Act 2002 Section 117A(1)...

 confirms that the provisions in Part 5A of the Nationality, Immigration and Asylum Act 2002 apply where a court or tribunal is: “required to determine whether a decision made under the Immigration...

The Senior President of Tribunals’ Annual Report 2019
By Alexandra Pease - Barrister Partner

The Senior President of Tribunals’ Annual Report was published on 30 October 2019. A copy of the full report can be accessed: here.   The first report by the current Senior President was published in 2016.  ...

 This year, the report is later than usual because of additional published material relating to programmes of reform.  The last report was published in May 2018, which we analysed in a previous post in our...

Grounds of appeal after the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 (“the 2014 Act”) made major changes to the immigration appeals landscape. The 2014 Act reduced the grounds of appeal by 13 (17 to four). This is important because it means that there...

 are now fewer circumstances in which the refusal of an immigration application can be challenged. The provisions in the 2014 Act were phased and came fully into force on 06 April 2015.  What is an...

Rights of appeal after the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the...

 Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed...

Unreasonable Costs in Immigration Appeals
By Jasmine Theilgaard - Immigration Barrister

Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014...

 changed this, stating that the Tribunal may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings.  Unreasonable costs orders should not be...

Court of Appeal gives guidance on invalid applications
By Richmond Chambers -

In Kousar & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Irwin LJ gave the judgment to which both Baker LJ and Lindblom LJ agreed. The judgment revolved around...

 whether the First-tier Tribunal had jurisdiction to hear the purported appeal against an invalid application. Kousar made two Tier 1 (Entrepreneur) applications for leave to remain. The first was deemed...

Home Office issues guidance on ‘remove first, appeal later’ in human rights appeals
By Richmond Chambers -

The Home Office has published guidance on how the new certification process will operate under the Immigration Act 2016. Legislation Section 94B of the Nationality, Immigration and Asylum Act 2002 contains a process...

 which is known as certification. This means that an immigration appeal can only be lodged and heard, or continued if the claim is certified after the appeal is lodged, whilst the claimant is outside the...

Time limits in immigration appeals
By Richmond Chambers -

(1) Lodging notice of appeal to the First-tier Tribunal against a decision of the UKBA Appellant in UK and not in immigration detention: must be received by the First-Tier...

 Tribunal within 12 working days (2+10) after the date on which the UKBA's decision was sent out (or 5 working days if it was served personally or electronically).

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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