Goldsmith Chambers

This Practice Note discusses undocumented migrants claiming to be children, the general policy of the Home Office on assessing age, local authority age assessments and the procedure for challenging local authority age assessments.

This Practice Note provides a brief overview of support for families with children under the age of 18 who claim asylum, failed asylum seekers who have children under the age of 18, and unaccompanied asylum seeking children who reach the age of 18 while under the care of a local authority.

This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control, as well as the forms of release that are relevant to persons who are liable to detention, ie temporary admission/temporary release, restriction orders and bail.

This Practice Note covers the local authority’s duties where a child (person under the age of 18) arrives in the UK alone. It covers the various duties following age assessment depending on the determination, including the duty to accommodate and transition at age 18.

This Practice Note discusses issues that a local authority (LA) should consider in its treatment of non asylum seeking families with no leave to remain and dependent children, including the LA’s duties towards a family of this type and the steps that an LA can take to avoid breaching the family’s rights under the European Convention of Human Rights.

This Practice Note looks at the common grounds for refusal in Part 9 of the Immigration Rules which provide for the refusal, and cancellation, of entry clearance, or permission to enter or remain, on the basis of previous criminal offences or other aspects of personal conduct, which are not deemed 'conducive to the public good'. Note that this Practice Note does not cover previous breaches of immigration laws, or the sham marriage or customs breach grounds.

This Practice Note provides a summary of the key steps involved in a typical appeal to the First-tier Tribunal (Immigration and Asylum Chamber). It covers various matters including standard directions governing the procedural steps following lodging the appeal, calculation and extensions of time, case management hearings, anonymity, adjournments, withdrawal of appeals, lodging an Upper Tribunal appeal (in the event of an unsuccessful First-tier Tribunal appeal) and costs.

This Practice Note looks at the alternative requirements which apply to a number of categories under the Immigration Rules that involve children. These are where a parent has sole responsibility for the child, or there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for their care in the UK. More recently, the guidance for child dependants in work and study routes has become more generous in some respects on the serious and compelling circumstances ground. The note discusses Home Office and judicial interpretation of these concepts as well as providing tips on how to demonstrate that the relevant requirements are met. It also provides a reminder that in all cases the duty to safeguard and promote the welfare of children (the s 55 duty) must be taken into account.

This Precedent is an example of how to structure and justify an application for an unreasonable costs order in an appeal. The factual circumstances have been kept relatively generic, but with sufficient information to indicate the level of detail required. Advisers will wish to annex or exhibit supporting evidence of unreasonableness or loss where appropriate.