Dishonesty is not a “precedent fact” issue in a judicial review

This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC). The exception is where human rights are involved (more on that later). Although the ...

17th May 2022 By

Iraq country guidance on ID cards revised

The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The cas ...

16th May 2022 By

Useful case from Court of Justice of the European Union on Palestinian refugees

In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the question of when Palestinian refugees are entitled to refugee status under EU law. This is the fourth major judgment ...

6th May 2022 By

Upper Tribunal reiterates high threshold in Article 3 cases

In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with mental health difficulties would violate Article 3 of the European Convention on Human Rights. Article 3 p ...

4th May 2022 By

What are the duties of an expert witness in the immigration tribunal?

Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well establi ...

28th April 2022 By

Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds

This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational T ...

26th April 2022 By