Search Results for: nagre

The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide sufficient reasons for departing from a country guidance case, only for the Upper Tribunal to then fall into the same error. The case is Secretary...

21st February 2025
BY Sonia Lenegan

The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of State for the Home Department [2016] EWHC 956 (Admin). Despite the disappointing outcome, though, there is a distinct silver...

20th May 2016
BY Colin Yeo

Family life can be precarious even though Parliament forgot to mention it in the statutory considerations on Article 8. Or The Home Office May Have Its Cake And Eat It. That “precariousness” is a criterion of relevance to family life as well as private life cases is an established part...

15th March 2016
BY Colin Yeo

In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position,...

22nd April 2015
BY Colin Yeo

Home Office appeals against first instance judge decisions used to be very rare indeed. Some years ago, it apparently became standard practice to seek permission to appeal in some asylum allowed appeals and all or virtually all deportations cases. It now appears to be standard practice for the Home Office...

5th June 2014
BY Colin Yeo

There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry the right of appeal. In recent years the prevailing tendency has become to segregate decisions, where the applicant is an...

2nd June 2014
BY Mark Symes

Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully the distasteful, injudicious and simply impolite phrase “a run of the mill case” is again deployed, albeit this time in the context of a student...

5th March 2014
BY Colin Yeo

Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done so already, I strongly recommend you read...

6th August 2013
BY Iain Palmer

In the reported case of Green (Article 8 – new rules) [2013] UKUT 254 (IAC), the Upper Tribunal again reaffirmed that despite the Immigration Rules pertaining to incorporate Article 8, tribunals should continue to consider the substantive Article 8 claim even if the Immigration Rules cannot be met. The official...

19th June 2013
BY Sanaz Saifolahi

Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the application of) v SSHD [2013] EWHC 891...

28th May 2013
BY Sarah Pinder

The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home Office, has found that the correct approach is a two stage one whereby the rules must first be considered and...

18th April 2013
BY Colin Yeo
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