It Is for The Party Asserting Bias Against an Immigration Judge To Make Good That Allegation

It appears that there is currently no Tribunal Rule  nor other Practice Direction issued in the Upper Tribunal (Immigration and Asylum Chamber)  dealing with  conduct or  alleged bias on the part of an Immigration Judge.  The  Court  of Appeal in Singh v The Secretary of State for the Home Department [2016] EWCA Civ 4,  although finding in that particular case that the  allegation  of  bias against an Immigration Judge had not been made out, offered in a postscript, some suggestions stated to be neither prescriptive nor exhaustive on how to address the issues. The Court of Appeal’s view was that  if  this kind of appeal  is to become more prevalent in this context then it would be much better for the Chamber Presidents, with their specialist expertise and their knowledge of the practicalities and in conjunction with the Senior President of Tribunals as appropriate, to decide whether or not to formulate any Practice Direction or Practice Statement or Guidance Note which may be considered necessary or desirable.

In Singh,  an appeal  reached the Court of Appeal with the argument being focused on an assertion of apparent bias. It was  said that the First-tier Tribunal Judge made remarks at the outset of the appeal hearing before him which indicated that he had a closed mind and/or had prejudged the appeal. The argument was  that the hearing was in consequence unfair.

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The Home Office and National Passports: Resolving Validity, Expedition, Retention and Return Issues

A person may need to have a current, original  passport  to enable  submission of a valid  Home Office  application. There are however other reasons why such a document may be required including:

  • Needing a valid passport for identity purposes, for example in order to register to marry or in order to undertake a relevant English test;
  • needing to travel urgently.

The home office may have retained the passport following a refusal decision- a question might  then arise  as regards  under  what power the home office can do so. Where the home office have retained  a passport and are not willing to return the original document, are they able to send a certified copy of the document instead?

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Getting Ready To Make A Bail application: Random Top Tips For Immigration Detainees

Without it needing to be prolonged, the fact itself of being held in immigration detention  can be quite distressing. Once a person finds themselves detained under immigration powers, it is very most likely with a view to deportation or removal. In such circumstances, the immediate question then becomes when and how best to submit a bail application.

Some several matters set out below may be worth considering  when preparing an application for bail.

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Why are more immigration and asylum solicitors/ practitioners not blogging in their own personal capacity?

Some immigration clients, prior to  seeking to instruct,  are now  increasingly independently undertaking research  either in relation to  a particular firm or  specific  individual profiles. From speaking to  immigration  clients I have formally  taken on who have visited my blog,  it is  evident that  they could only have come across the blog   after having  themselves sought  to  gain some  prior understanding of  the law potentially  affecting their particular position.  It thus  seems  surprising that  currently, not many individual  immigration solicitors/legal advisers are undertaking  legal blogging in their own right.  Apart from having a genuine  enjoyment in  blogging and seeking to gain a better understanding of the law and  subsequently also sharing it,   the results of persistent  blogging   correspondingly  can be  the start of  or give rise to  an increase  in numbers of queries from potential immigration clients.

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Claimant’s duty of candour in judicial review proceedings and evidence proving long residence: What Mr Khan did wrong

The recently reported case of Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416, raises the following  issues in summary:

  • Claimant’s duty of candour in judicial review proceedings;
  • Whether only  documents from “official” sources are acceptable in proving continuous long residence.

In essence, what Mr Khan  did wrong  in seeking to assert that  he  was entitled  to  indefinite  leave to remain under the  previous 14year long residence rule was that he :

  • Put forward two different factual versions of his residence between 1998 and 2001; and
  • In breach of his duty of candour in judicial review proceedings, failed to provide a witness statement explaining the discrepancy between a previous work permit application and subsequent leave to remain application in relation to the said period of residence.

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Addressing the Problems Faced by Adult Dependant Children and Siblings

Adult dependant  children or siblings   sometimes face considerable   problems  when seeking  to join  or remain  with a  sponsoring parent or sibling residing  in the UK.  Reliance can be placed upon  several provisions, however  it is undeniable that  some routes are much more difficult to satisfy  than others.

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