Why Shouldn’t I Expect An Iraqi Appeal Based On A Claim For Humanitarian Protection To Be Allowed By The Tribunal?

There should be no lack of confidence in appearing before Tribunal Judges with an  expectation  that Humanitarian Protection appeals from  Iraq nationals originating from one of the “contested areas” should  be allowed.  In practice, it appears  First Tier Tribunal Judges are allowing such appeals- how regularly is not clear.   The Home Office are however on the other hand,  apparently routinely refusing  asylum and humanitarian protection claims  from Iraqi  nationals,  even those accepted to originate  from  the contested  areas.  The  basis of  their  position?  Their own country policy and information notes which conveniently  bind Home Office decision-makers at  first instance.

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New Guide for the end of 2016!

Click the link below and open the pdf guide to immigration changes made in November and December 2016.

 

There are even further immigration changes expected in 2017 and in particular with the coming into force fully in February 2017 of the 2016 EEA Regulations, both immigration practitioners and lay applicants are expected to be fairly au fait with the changes so as to be able to prepare applications with a fair chance of success.

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A Guide to the November and December 2016 changes

Coming Full Circle: Scrapping Of The Recent Immigration Tribunal Appeal Fee Increase

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Only a month and two weeks after the coming into force of the massive increase to the immigration Tribunal fees, the Government announced suddenly on 25 November 2016 that it was abandoning the rise of up to 500% in immigration tribunal fees.

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New Immigration and Appeals Tribunal Fees Increase Guidance

Two separate sets of fees Guidance have been published catering for Home Office decisions dated between 19 December 2011 and 9 October 2016 and decisions made on or after 10 October 2016.

 

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The Increase to Immigration Tribunal Appeal Fees: What Appellants Need to Know

rising-prices-aheadIn relation to Tribunal Fees, the Government Response to the consultation on proposals for the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber), was  published  on 15  September 2016.

The document sets out the Government Response to the consultation, Consultation on proposals for the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber), published on 21 April 2016.

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Zimbabwean Asylum Claimants And The New Political Movement: Are The Home Office & Tribunal “Getting it” ?

Social mediaThere clearly is a new protest political  movement emerging   in Zimbabwe  being  propelled substantially  by  social media. Where this
continues  in the long term ( if not  suppressed ),  and where  claimants associated with such movements seek protection in the UK,  then   current rigid   UK  asylum country  guidance caselaw, CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC),   becomes increasingly  redundant.

 

The current question  is whether the  Home Office together with the Tribunal understand the true nature and extent of the new  movement and how it impacts  upon  claimant’s  cases upon application or appeal.  Simply put, are they “getting it ”?   If not and where the guidance in CM obscures  consideration of claims from persons associated with such movements, then there is an inevitable adverse  impact  upon considerations of  risk on return   and  entitlement to protection for affected claimants.

 

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