JISPIL Vol 9 Issue 1 2013 - Practioner’s Analysis 2

Unexpected Expansion:
The scope of immigration appeals has been expanding in some unexpected ways
Richard McKee

There has been considerable shrinkage in the number of appeals coming before the Immigration and Asylum Chamber of the First-tier Tribunal.  There are now far fewer asylum seekers arriving in the United Kingdom than there were ten years ago, when half the junior Bar seemed to be either representing asylum seekers before the Immigration Appellate Authorities or being instructed by the Home Office to resist those appeals.  (Yes, there was plenty of money in those days for both sides to be represented, even at Taylor House.)  A whole swathe of immigration categories have either been abolished altogether, such as working holidaymakers and retired persons of independent means, or no longer have a right of appeal to the Tribunal, such as applicants for entry clearance under the Points Based System.  Family visitor appeals may soon go (again – there were none between 1993 and 2000).  With the introduction of fees for appeals to FtTIAC, with the reduction in payment for Legal Aid work, and with immigration in general (though not asylum, deportation and detention) being taken out of scope altogether for Legal Aid, the number of appeals going through the system looks set to decrease substantially even further, although that has not stopped the Judicial Appointments Commission from holding competitions for yet more immigration judges, designated immigration judges and deputy judges of UTIAC.

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