Law digests: 25 March 2022

Costs

R (on the application of Butt) v Secretary of State for the Home Department (indemnity costs) [2022] UKUT 69 (IAC) All ER (D) 56 (Mar)

The Upper Tribunal (Immigration and Asylum Chamber) (the UT) considered an order for costs to determine, under the UT’s discretion pursuant to s 29(1) of the Tribunals, Courts and Enforcement Act 2007, the extent of costs to be awarded to the applicant national of Pakistan to be paid by the respondent Secretary of State for the Home Department. The applicant had applied for leave to enter the UK as a Tier 1 (Entrepreneur) Migrant and had been challenging an ongoing failure by the Secretary of State to issue a decision in respect of his entry clearance application. The Secretary of State had failed to comply with a consent order in the agreed time frame which had resulted in the applicant having to initiate further judicial review proceedings challenging the failure of the Secretary of State to return the applicant’s passport with entry clearance. The UT held