EIN index terms glossary by category

appeals may be treated as abandoned for want of prosecution

for numerous reasons, the Tribunal may, notwithstanding absence,see fit to determine an application without a hearing

eg. representatives raising points late, administrative steps which are plainly inappropriate - eg reversing decisions without good reason

judicial guidance upon the circumstances in which an adjournment should be granted and the manner in which an application should be made

some immigration decisions attract a right of appeal exercisable only from abroad

Note that as from 15 February 2010,Immigration and Asylum Chambers were established replacing the existing AIT. The Upper Tribunal (Immigration and Asylum Chamber) and the First-tier Tribunal (Immigration and Asylum Chamber).

it is a requirement of the immigration rules that students attend a certain level of classes.

the jurisdiction of the Appellate Authority and higher courts to grant bail, and factors relevant to the exercise of discretion as to whether bail should be granted

challenges to the impartiality of the Appellate Authority, usually on grounds that an issue has been prejudged

the impact of care proceedings on human rights issues and/or the immigration appeal process

SSHD power to certify appeals with restricted appeal rights if eg viewed as clearly unfounded

as the present Procedure Rules make clear, it is important that the authorities are kept appraised of the presently instructed representative

regarding a statutory civil penalty

under consecutive versions of the Procedure Rules, where in the case of two or more appeals it appears to the appellate authority that some common question of law or fact arises in both or all of them, they relate to decisions or action taken in resp

judicial comment upon the conduct of appellants in the prosecution of their appeals

the Appellate Authority enjoys a general power to regulate its own proceedings.

representatives for immigrants may make concessions in the course of a case (for example, that there is no Refugee Convention "reason" present)

the Secretary of State undertakes to give confidential consideration to all asylum claims.

Cases indicating the Tribunal

respondents wishing to contest findings by the Tribunal by lodging a cross appeal.

while the Appellate Authority has no power to award damages, the higher courts possess such powers, and the courts occasionally issue judgments regarding the possibility of how the same might be obtained

questions of evidence and jurisdiction to hear evidence only available as at the date of decision

it is occasionally the case that fresh authorities will arise between the hearing of an appeal and the promulgation of the determination.

Withdrawal of decision, deemed - the Appellate Authority sometimes deems a decision of the Secretary of State to be withdrawn

challenges are sometimes made seeking to defer removal of one person on account of the resolution of the immigration situation of others

judicial decisions on the moment that an application can be said to have been determined

determination of an appeal without an oral hearing.

the same issues regarding the appellant may have been determined in previous proceedings.

some rules are mandatory, others directory

whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars

whilst there is no formal power of discovery in the Appellate Authority, it has certain powers to order further particulars

the principle of justice that, with regard to ensuring a fair trial of issues, seeks to ensure that the parties are on an equal footing

domestic remedies have to be exhausted before the jurisdiction of the ECtHR is sought.

the role of an adjudicator includes the making of findings of fact upon the evidence in the case, at least where it is disputed. These cases give guidance on the extent of that duty.

An independent Tribunal dealing with appeals againstdecisions made by the Home Secretary and his officials in immigration,asylum and nationality matters.

Some consideration of future events is permissible within the assessment of the fulfilment of the maintenance and accommodation requirements of the immigration rules

The addition of, or variation of, grounds of appeal to an Adjudicator

the judiciary sometimes gives guidance to adjudicators (which would be equally applicable to the IAT determining a case as if it was a first instance tribunal) as to how they might deal with a particular situation: non-compliance, the permissibility

the judiciary sometimes give guidance to representatives as to the manner in which they should conduct their cases.

the challenge to the legality of a person's detention can be made by way of judicial review or by way of Habeas Corpus

the Asylum Directorate and Immigration Directorate of the Home Office maintain certain instructions relevant to the manner in which they transact their business.

the Secretary of State articulates policies that cover circumstances not dealt with by the immigration rules.

it is not unknown for a person to be removed by the UK authorities when the law does not entitle such a step to be taken.

Forms making applications for entry on immigration grounds are not always filled in completely

appeal grounds limited to 'accordance with the law' or limited only to the grounds on which permission was given rather than constituting a review of the merits

eg whether a procedural rules is obligatory as against directory or discretionary/optional rules. But see, eg ex p. Ravichandaran in Ct of Appeal

the interpretation of, to uphold or not, the SSHD certificates of 'manifestly unfounded' applications

the Medical Foundation for the Care of Victims of Torture- selected references to and interventions by.

the approach to cases/evidence where the applicant is suffering from mental illness ( See also 'trauma' for PTSD and also 'Suicide Risk' cases

dealing with appeals on more than asylum grounds, against the same decision, in the same proceedings

the Appellate Authority has a power to determine appeals without a hearing, presently under rule 41 of the Procedure Rules 2000. These cases comment on the use of that power.

the Secretary of State has a power, still (at mid-July 2002) under rule 340 of HC395, to refuse an asylum application not for reasons of the appellant's substantive entitlement to the protection of a Convention, but rather on account of "A failure, w

following Abdi in the Court of Appeal, a wide jurisdiction to consider whether the decision appealed against was or was not "in accordance with the law"

Discussion of the content of notices of appeal (eg whether there is sufficient identification of appellant, compliance with formalities).

guidance on the required contents of Notices of hearing, and the approach adjudicators should take to ensure they have been properly served, before acting on a presumption that they have been so served.

The IAA 1999 requires decision-makers to serve a notice inviting submission of all/any additional grounds against an immigration decision.

applications for extensions made after the expiry of leave of limited leave

one category of certification applies to persons required to produce a passport and who fail to do so without reasonable explanation for the failure

judicial comment on the precedent value of a decision from the Administrative (or High) Court giving (or refusing) leave (or permission) to move for judicial review.

Decisions of, and references to, The Proscribed Organisations Appeals Commission

certain appeals against deportation are described as being capable of success only if they establish that there is no power in law to make the decision impugned, rather than constituting a review of the merits of the decision

the duty of adjudicators and the Tribunal to follow decisions of higher courts and to give reasons for departing from decisions which are persuasive if not binding (including guidance on questions of fact as well as legal precedents)

to be considered at the outset of a hearing, such as the right to appeal itself, or requirements of appeal procedure rules

some kinds of application for leave to enter or remain, or for leave to appeal, have to be using the form prescribed for the purpose

identification of rights of appeal predicated upon a point of law.

legislation empowers the Secretary of State to certify an appeal where the appellant was required by an immigration officer to produce a valid passport and failed to do so without giving a reasonable explanation for the failure.

adjudicators have historically made recommendations to the Secretary of State regarding matters beyond their appellate jurisdiction.

the Appellate Authority keeps a "note or record" (the phrase in the present Procedure Rules (Rule 22) of proceedings before it, which serves to record the evidence, procedure and submissions before it.

the immigration rules set out that the making of false representations for the purpose of obtaining a visa (as well as non-disclosure of material facts) grounds on which leave to enter may be refused.

a practice has grown up in the Appellate Authority of repromulgating determinations where some defect in the original issuing of the judicial decision has made the original promulgation invalid.

the notion that one judicial decision may bind subsequent ones as to the issues between the parties to the dispute in later proceedings

there have been occasions where the Appellate Authority has sought to rescind its own determinations

retrospective effect of legislation.

Points of principle regarding the conduct of, and bringing of, appeals on behalf of any of the Governmental decision makers (Home Office, Entry Clearance Officers, and the Immigration Service).

proceedings directly against the Secretary of State, eg for damages, as opposed to challenges outside the Appellate Authority to substantive decisions regarding immigration status by way of judicial review

the Secretary of State possessed (prior to the coming into effect of the 1999 Act) a power to refer any matter whatsoever back to the Appellate Authority, pursuant to section 21 of the Immigration Act 1971.

Decisions of, and references to, The Special Immigration Appeals Commission

a rule dealing with administrative slips by the Appellate Authority

between the coming into force of the 1993 Asylum and Immigration Appeals Act and that of the 1999 Act, Special Adjudicators were those appointed for the purpose of hearing asylum appeals

some appeals are heard by a tribunal consisting of the President and two legally-qualified members. They must therefore be followed by all tribunals and will be regarded as binding upon all adjudicators. They are said to settle the particular points

replacing the appellate jurisdiction of the House of Lords in UK

guarantors for bail

the practice (though a rule of thumb rather than of law) of the Tribunal is to remit an appeal where this period prevails between the hearing of oral evidence and the finalisation of the determination.

the provisions which govern the coming into effect of parts of a statute

the divisions of the Tribunal sit in various combinations of numbers and judicial and lay personnel.

A superior court of record dealing with appeals againstdecisions made by the First-tier Tribunal (Immigration and AsylumChamber)

successive immigration legislation has permitted an appeal against variation of leave to remain.

circumstances in which a matter giving rise to procedural unfairness can be waived by its acceptance by a party

there are circumstances in which a professional representative may be forced to withdraw from a hearing.

infelicitious wording of determinations.