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The Pre-Action Protocol in Immigration Judicial Review
By Isabella Reynard - Immigration Barrister

Embarking on the journey of challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities and procedural intricacies. Whether it’s an entry clearance, leave to remain...

 or settlement decision affecting your rights, understanding the pathway to justice is paramount. At the heart of this process lies the Pre-Action Protocol, a set of guidelines designed to ensure fair and...

High Court: Automatic Loss of Rights under the EUSS is Unlawful
By Richmond Chambers -

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

 its obligations under the Withdrawal Agreement (and associated agreements for Swiss Citizens and EEA EFTA citizens).  The European Commission and the3million Ltd intervened in the proceedings.  The High Court...

What is a Pre-Action Protocol Letter?
By Richmond Chambers -

Pre-action protocol is the conduct that the court expects both parties to undertake before commencing proceedings, as set out in the Civil Procedure Rules (CPR). A pre-action protocol letter, or PAP, is a...

 legal letter written to the Home Office in order to try and resolve a dispute before court proceedings are commenced. It is sometimes also referred to as a ‘letter before claim’ or ‘letter before action’....

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 - Barrister Partner

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...

Proposed Judicial Review Reform and Immigration Law
By Alex Papasotiriou - Immigration Barrister

In July 2020, the Government launched the Independent Review of Administrative Law (“IRAL”), a panel of experts with the task of considering “whether the right balance is being struck between the...

 rights of citizens to challenge executive decisions and the need for effective and efficient government.” The Government’s pre-existing view on this matter is not difficult to deduce given the contents of its...

New Guidance on Implementing Allowed Immigration Appeals
By Alexandra Pease - Barrister Partner

On 04 August 2020, the Implementing allowed appeals Guidance, Version 1.0  was published for Home Office staff.  The 18 page document applies to “anyone responsible for implementing an allowed appeal  (including...

 litigation caseworkers dealing with judicial reviews related to implementing allowed appeals and Border Force Officers dealing with those returning to the UK after an allowed appeal)”. Implementation...

Senior President of Tribunals’ Annual Report 2020
By Alexandra Pease - Barrister Partner

Sir Ernest Ryder, the Senior President of Tribunals, published his annual report for 2020 on 29 July 2020.  This is the sixth report and the last of the Senior President’s tenure. The 142 page report can be found:...

 here Senior President’s Introduction In the introduction, the report acknowledges the challenges faced during the Covid-19 Pandemic: “The national emergency of COVID-19 has provided a backdrop for...

Costs in Immigration Judicial Review Proceedings
By Jasmine Theilgaard - Immigration Barrister

As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review.  An...

 important consideration when deciding whether to pursue immigration judicial review is the potential cost implications. The general rule is that the unsuccessful party will pay the costs of the successful...

Section 3C leave & Judicial review - Has it come to an end or not?
By Alex Papasotiriou - Immigration Barrister

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department...

 mentions on four occasions that “section 3C leave can exist only where it is a seamless continuation of leave, either extant leave or section 3C leave.” This is mentioned in the context of out of...

Upper Tribunal considers cross border judicial review proceedings
By Richmond Chambers -

The case of R (on the application of Kashif) v Secretary of State for the Home Department (JR jurisdiction: applicant in Scotland) IJR [2016] UKUT 00375 (IAC) raised a question of jurisdiction, namely whether a...

 person who is in Scotland ought to be allowed to bring judicial review proceedings in relation to a decision taken by the Secretary of State in England and Wales. Having given consideration to the existing...

R (on the application of Bilal Mahmood) v. SSHD [2014] UKUT 00439 (IAC) – Case Summary
By Richmond Chambers -

In R (on the application of Bilal Mahmood) v. Secretary of State for the Home Department (continuing duty to reassess) IJR [2014] UKUT 00439 (IAC), the President of the Upper Tribunal, Immigration and Asylum Chamber...

 articulates some important principles relating to judicial review. If the Applicant alleges facts in his application for permission to apply for judicial review, particularly facts which are disputed by...
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