Guidance intended to deal with the Covid-19 pandemic led to unlawful Upper Tribunal decisions in immigration cases.
The Immigration and Asylum Chamber deals with immigration appeals and judicial reviews. Most cases are likely to involve asylum or human rights issues.
In March 2020, the Upper Tribunal issued guidance about how judges should handle cases during the Covid-19 pandemic. Part of the guidance said that judges should normally make decisions about whether there had been an “error of law” without an oral hearing.
On 20 November 2020 the High Court held that this guidance was legally wrong.
If your case was decided against you in the Upper Tribunal between 23 March and 20 November 2020, or if a judge has decided that your Upper Tribunal case should go ahead without an oral hearing, the Tribunal should now notify you or your representative about this judgment.
However, if you do not hear from the Upper Tribunal, you should still take advice about your case. You might need to submit a further appeal, or ask the Tribunal or Court of Appeal for an extension of time in which to submit your representations.
The Joint Council for the Welfare of Immigrants has set up a helpline if you have questions about an Upper Tribunal case. The helpline number is 0207 553 7453.
Contact me for advice about immigration applications and appeals, including appeals to the Upper Tribunal.
10 December 2020