Chengetai has a busy practice and regularly appears in the First-tier Tribunal (“FTT”) and Upper Tribunal of the Immigration and Asylum Chamber, County Court, Crown Court and Magistrates’ Courts. Chengetai’s public law practice primarily involves judicial reviews of immigration decisions, unlawful detention, nationality and long residence matters. He is regularly instructed in urgent applications seeking injunctive relief against removal.  

In this presentation, Chengetai covers important points in Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal, which was issued in November 2024. This practice direction sets out both the background and process to the “issues-based approach” in the FTT. He tackles the concept of procedural rigour, highlighting relevant case law and its implications for appeals. He gives practical guidance, referring to procedural rules. 

Key words/topics

Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal

Issues-based approach

Overriding objective

Procedural rigour

Lata (FtT: principal controversial issues) UKUT 00163 (IAC)

Zimbabwe [2023] UKUT 164 (IAC)

Human Rights

SSHD v SS (Congo) EWCA Civ 387

Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC)

MD (good reasons to consider) Pakistan UKIAT 197

SA (absence of party – late evidence) Sri Lanka UKIAT 28

The "Robinson obvious" principle, established in R v SSHD, Ex parte Robinson 3 W.L.R. 1162

R (on the application of Spahiu) v Secretary of State for the Home Department - [2018] All ER (D) 12 (Dec)

R (Talpada) v SSHD EWCA Civ 841 

Hickey v The Secretary of State for Work and Pensions EWCA Civ 851

Browne v The Parole Board of England & Wales EWCA Civ 2024

Appeal bundles

Procedure rules

Witness statements

Skeleton arguments

Experts

Child, vulnerable adults or sensitive witnesses

Decisions