Important new guidance on costs awards against the Home Office could transform immigration appeals

In a highly significant development, the President of the First-tier Tribunal has issued a new guidance note on how migrants who win an appeal against the Home Office can seek legal costs from the department. The guidance envisages costs awards for “unreasonable conduct” where the Home Office contests an appeal “which is, objectively assessed, irresistible or obviously meritorious” and demands that officials carry out an initial assessment of whether an appeal should be defended within six weeks of it being lodged. The guidance in full is essential reading but Elizabeth Ruddick has written an excellent summary on the Wesley Gryk website. She says that: The guidance does not establish a general principle that…

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