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  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.
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?
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.
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.
The recently reported case of Khan, R (on the application of) v Secretary of State for the Home Department  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.
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.