New immigration tribunal database launched
4 October 2013
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The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96%
The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96%
[UPDATED] In his final judgment in the Court of Appeal, Lord Justice Judge has given some interesting guidance given on the role of the advocate
Family lawyers and courts are blazing a bit of a trail with use of Skype technology for hearing low cost evidence from abroad. In the
An application for entry clearance is made on the date on which payment of the relevant fee is made.
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the
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
From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal –
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result
Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission
In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law
In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the
Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case
In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from
In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given
Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of
EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania [2013] UKUT 00313 (IAC) Important case on trafficking. Amongst other things, a failure by the Home Office to
Akhtar (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC) New reported tribunal decision on the English language requirements. IELTS scores need to be at B1 or
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains
A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri
Unreported immigration tribunal decisions BAILII now seems to host 37,453 unreported determinations of the immigration tribunal, dating back to 2003. May mean we can finally
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married
The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not
In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in
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
Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman)
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that
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
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1)
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while
The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96% of cases. The new website includes all of the ‘reported’ decisions by the tribunal and the ‘unreported’ ones after 1 June 2013 (those prior to...
Family lawyers and courts are blazing a bit of a trail with use of Skype technology for hearing low cost evidence from abroad. In the recently reported case of Re ML (Use of Skype Technology) [2013] EWHC 2091 (Fam) Mr Justice Peter Jackson reports on two recent uses of Skype...
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK with one parent where the other...
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with procedure rules and directions. We are, I think,...
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...
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decision allowing the two conjoined appeals both by a...
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (New London College Ltd) v Secretary of State for the Home Department [2013] UKSC 51 but it at least provides welcome clarity for...
Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton QC in the Legacy case of R (on the application of Prenga) v SSHD [2013] EWHC 1981 (Admin).
...In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary of State on the basis of an untrue and un-evidenced assertion. Guidance is given to judges (and by extension lawyers) on the correct approach to...
Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law alleged in the grounds of appeal could have made a difference to the outcome, permission to appeal should not normally be granted in the absence...
Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn. Outgoing President urges Home Office to engage in litigation at an...
In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from Malaysia after the father said he was to convert to Islam, fearing that their child would be brought up a Muslim not a Christian. The...
In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given guidance on the application of the ‘flagrant breach’ test for determining whether a court process abroad is so dysfunctional that removal to face that process...
Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shivani Jegarajah, Nishan Paramjorthy, Jan Janayagam from Tamils Against Genocide and Dr...
F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for refusal. The Entry Clearance Officer had failed to exercise discretion one way or t’other. In this case there was only...
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains the status of a worker in EU law (‘no’, apparently). Includes useful concessions from Home Office on second time job seekers and...
A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). One of the three appellants succeeded on refugee grounds – congratulations to the legal team behind that result, my...
Unreported immigration tribunal decisions BAILII now seems to host 37,453 unreported determinations of the immigration tribunal, dating back to 2003. May mean we can finally track down the decisions The Telegraph uses in its ongoing campaign to stop humans having rights. I’ll add these into the case law feed box...
Almost exactly a year after they were first introduced, Mr Justice Blake sitting in the High Court has in a lengthy, complex and very carefully considered judgment found that the controversial immigration rules requiring a minimum income of at least £18,600 for spouse visa applications are ‘unjustified and disproportionate’ where...
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married to an EU citizen with permanent residence who died after experiencing permanent incapacity to work. This does not apply where the EU citizen acquired permanent...
The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Chambers for the intervener, Coram Children’s Legal Centre...
In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European Court of Human Rights in Singh v Belgium (Application No. 33210/2011) neither justify nor require any departure from the guidance set out in Tanveer...
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in effect, that the Dublin II regulation does not apply to separated children who have claimed asylum. The key conclusion is as follows:...
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...
Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman) v Secretary of State for the Home Department [2013] EWHC 1351 (Admin). No names are named this time, at least not so far: In...
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking through my emails on my return from holiday....
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue that non binding ‘policy guidance’...
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...
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link format’ posts with no real commentary, but I wanted to highlight the case of Farquharson (removal – proof of conduct)...
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated existing Country Guidance case on this group. A new CG case...
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals should ensure where possible that, before forming their opinions, they study any assessments that...
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of up to 3 years imprisonment and/or a...
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the right to manifest one’s religious views at work. The only claimant...