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Substantive JR application allowed by Upper Tribunal – no consideration of exceptional circumstances

This was the second substantive judicial review application in as many weeks where the Upper Tribunal allowed a substantive claim in open Court, which makes for a refreshing change from some of the recent decisions reached by the Upper Tribunal, something which has...

Visit visa appeal won on Article 8 grounds – Mostafa (Article 8 in Entry Clearance) [2015] UKUT 00112 (IAC)

I am often asked to advise on visit visa appeals in my work as a direct access immigration barrister. As an immigration lawyer I have seen over the years the Secretary of State cut the number and nature of appeals not only in country but also abroad. Indeed a couple...

Lewis J refuses then changes mind and grants an injunction preventing removal to Afghanistan

As a direct access immigration barrister based in London applying for an injunction on the telephone on the night of a charter flight is big ask and the application of a few days ago was no different. The Secretary of State had set a charter flight to Afghanistan...

Stay and Permission granted in Judicial Review claim – emergency oral hearing before Collins J in Upper Tribunal

Yesterday, even for a busy London based direct access immigration barrister, was both particularly busy and particularly successful. Firstly I had the full and successful full judicial review hearing against the Secretary of State’s refusal to grant a spouse...