Immigration appeals

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Immigration Tribunal Fees go back down

These days good news is when bad news is revoked. From today Immigration Tribunal fees will be charged at the old rate as set out in the Tribunal Fees order of 2011. In an unprecedented move the government has confirmed that from today tribunal fees will be charged at the level set before the infamous raise of appeal fees last month. Those who paid higher fees will be reimbursed the difference. Parliamentary statement can be found here. Secondary legislation to formalise the reversal of the Fees Order is not yet in place, however the decision to reverse the fees increase…

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New Restrictions on Immigration Appeals from 1 December 2016

From 1st December 2016 the right to challenge a decision in country will be controlled by administrative decision makers who will have a new power to certify removal of the immigrant as lawful under section 6 of the Human Rights Act and remove the appellant from the UK without waiting for the outcome of the appeal. At present only applications involving aspects of family life in the UK and applications for leave to remain on the basis of long residence are associated with appeal rights. From now on, in country right of appeal will be granted only in those cases where there is a risk of serious irreversible harm if the person is removed before the appeal.

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New Immigration appeal fees: post Brexit cost of justice

Cost of immigration appeals has increased dramatically overnight. This affects not only migrants, it is a telltale of what is happening with the society in Brexiting Britain. Where the law is uncertain or simply cannot be enforced, political agenda dictates decision without much regard to the law. The next thing that happens is that slogans substitute substance. The increase of immigration appeal fees is introduced under the slogan “justice for all”.

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Reform of immigration tribunals: court fees will soar from £140 to £800 per appellant

The government has published a consultation paper proposing to raise tribunal fees in the First tier immigration Tribunals from the present £140 to £800 per appellant for an oral hearing, or from £80 to £490 per appellant for paper considerations. Appeals in the Upper Tribunal, until now not charged separately, are proposed to incur a fee of £455 for an application for permission at the first stage, further £350 for applications for permission at the second stage, and further £510 for an appeal hearing where permission is granted (£1315 in total).

Blog

Six most baffling questions I’ve heard from Immigration Judges

Representing a client in an immigration appeal is a cherished opportunity for immigration solicitors to have a conversation with a learned member of the legal profession. It is similar to our academic seminars at Oxford or Cambridge. In a quiet discussion we are trying to reach for the essence of the problem, and then find the right answer. I recall a few questions from those academic discussions, that baffled me with the simplicity and profundity of message.

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Costs in immigration appeals – new powers of immigration tribunals

From 20 October 2014 Immigration tribunals have the power to make an award of costs against either party in immigration appeals proceedings. The new powers derive from rule 9(2) of the Tribunal Procedure (First Tier Tribunals) (Immigration and Asylum Chamber) Rules 2014 enacted under s. 29 of the Tribunals, Courts and Enforcement Act 2007. Proceedings in immigration tribunals, as in most specialist tribunals, do not lead to costs shifting, or an order that the costs of the winning party be paid by the other side. In other words, legal costs traditionally could not be recovered in immigration tribunals. The new rule for the…

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Immigration Act unfolding: Tier 4 migrants will be the first to lose the right of appeal

Tier 4 students will be the first to lose the right of appeal as judicial control over the Home Office decisions is being lifted. Other changes will affect Tier 1 investors who will be subject to double investment requirement from 6 November 2014. New powers are vested on caseworkers dealing with Tier 1 and Tier 2 applications as more discretion is granted outside the points scoring requirements

News

Human Rights in Immigration Appeals: new provisions in force from 28 July 2014

Immigration Act 2014 has amended Nationality Immigration and Asylum Act 2002 introducing a new section “Article 8 ECHR: Public Interest Considerations”. This part of the Act applies where a court or tribunal dealing with an immigration appeal is required to determine whether the decision of the immigration authorities breaches the individual’s right to respect for private and family life under Article 8 ECHR.

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