Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC)

Guidance from the President of the UT, sitting as a JFtT on the new power of the Tribunal to award wasted costs under Rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (the “2014 Rules”).  The Rules apply to appeals coming into existence subsequent to commencement on 20 October 2014.  There is a long headnote and a review of case law which provides guidance on the threshold for negligent, improper or unreasonable acts or omissions (§§13-27).  Costs are discretionary, every case will be fact sensitive and the award of costs will be the exception rather than the rule.

The 2014 Rules did not apply to A’s case however, the Tribunal found that had they done costs would have been awarded.  The R failed to provide evidence, which she had been required to do, and then withdrew the appeal on the day of the substantive hearing (see §45).

Read the new 2014 Procedure Rules here.

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