Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored
31 July 2023
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In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower
In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State
A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8
The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has
In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the
In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by
In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned
Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This
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 interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As
In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower standard of proof in asylum appeals. WAS claimed to be at risk because of his involvement with MQM-London, a UK-based faction of a Pakistani political...
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 provides helpful guidance on the standard of proof in asylum claims, credibility and the role of the...
A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The case is Raza v Secretary of State for the Home Department [2023] EWCA Civ 29. The First-tier Tribunal considered, separately...
Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The main take away from this case is: don’t appeal...
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an unaccompanied minor from Syria who...
The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants. The tribunal has also clarified the circumstances in which Home Office must make enquiries to verify an appellant’s documentary evidence before...
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In response, the Home Office sought...
The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. In Kabir, the First-tier Tribunal had refused...
In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportation law, available to Free Movement members....
In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising powers of “pastoral” interview. PACE is the law which safeguards the rights of those...
In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert witnesses to comment on particular findings made by...
In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, making the case something of a legal...
In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC), on the subject of procedural fairness amounting...
In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC).
...Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This report states the reasons why immigration officials believe the document is false. It is vital that an applicant suspected of deception can answer the charge,...
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...
An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As the tribunal comes close to saying, it is serendipitous that it should be here where this issue would arise again, after the notorious case of...
