The presidents of the Upper Tribunal (Immigration and Asylum Chamber) and First-tier Tribunal (Immigration and Asylum Chamber) have published the Joint Presidential Guidance No. 1
The First-tier Tribunal (General Regulatory Chamber) has dismissed the appeal against cancellation of the OISC accreditation of an organisation, Anzan Immigration Lawyers, and its sole
The Senior President of Tribunals has issued a new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal taking effect from 1
In a decision that forced me to google Pericles (an ancient Greek politician) and Santayana (a Spanish-American philosopher) the First-tier Tribunal (General Regulatory Chamber) has
The Home Office has been ordered to disclose data on the numbers of emergency travel documents issued for Eritrea and Somalia, and how long it
The Asylum Support Tribunal has found that there is a right of appeal against a decision to stop a person’s asylum support where their asylum
The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a
The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions.
The Home Secretary has been told by the Asylum Support Tribunal to re-make the decisions to stop the asylum support for three people who refused
The Senior President of Tribunals has published his 2023 annual report which includes updates from the Immigration and Asylum Chambers of both the First-tier Tribunal
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts
An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer
In AB and NB v Secretary of State for the Home Department (PA/07865/20119), the First-tier Tribunal found that the United Nations Relief and Works Agency
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections)
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the
The Upper Tribunal has set aside a decision of the First-tier Tribunal after finding the hearing was unfair because of the conduct of the judge
The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon
In a helpful judgment, the Upper Tribunal has awarded £10,500 to a child who was unlawfully prevented from entering the UK from Greece to be
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the
The Upper Tribunal has watered down the effect of a recent decision of the Court of Appeal in the case of AEB v Secretary of
The Upper Tribunal has confirmed that a recognised victim of trafficking who is also an asylum seeker, partly fearing re-trafficking on return as well as
A person who lacks the requisite mental capacity to litigate in the tribunal or courts requires what is called a ‘litigation friend’ to conduct proceedings
The Upper Tribunal has addressed the Secretary of State’s failure to comply with court directions and due process obligations in the First-tier Tribunal. The court
The case of Muslija (deprivation: reasonably foreseeable consequences) [2022] UKUT 337 (IAC) makes it clear that the reasonably foreseeable consequences of deprivation of British citizenship
The Upper Tribunal has issued guidance on the use of material from an applicant’s social media accounts in age assessment proceedings in R (BG) v
The Upper Tribunal has issued country guidance about the risk from gangs in El Salvador. In EMAP (Gang violence – Convention Reason) El Salvador CG
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for
The tribunal quarterly statistics for the period July to September 2022 show that waiting times for appeals have increased, but the number of new cases
In a change to which some of us may struggle to adjust, tribunal judges are now to be addressed in court or correspondence as “judge”
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais
The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for
This is the story of what might be the longest-running appeal within the UK’s immigration appeal system. The story starts in rather ordinary fashion. AA
In an unreported case, Upper Tribunal Judge Stephen Smith held that a proportionality assessment should happen in marriage of convenience cases. Secretary of State of
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in
The appellant in ASA (Bajuni: correct approach, Sprakab reports) CG [2022] UKUT 00222 (IAC) argued that he was born and raised on the Island of
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the
The presidents of the Upper Tribunal (Immigration and Asylum Chamber) and First-tier Tribunal (Immigration and Asylum Chamber) have published the Joint Presidential Guidance No. 1 of 2024: Appointment of litigation friends, to help those who lack capacity to conduct their own tribunal proceedings. In the immigration tribunals context, the power...
The First-tier Tribunal (General Regulatory Chamber) has dismissed the appeal against cancellation of the OISC accreditation of an organisation, Anzan Immigration Lawyers, and its sole adviser Mr Ali Rahmanyfar after a large number of breaches of the code of standards. The case is Anzan Immigration Lawyers v Office of the...
The Senior President of Tribunals has issued a new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal taking effect from 1 November 2024. This replaces the previous version dated May 2022. The new version is considerably longer, up from 12 pages in the previous version to...
In a decision that forced me to google Pericles (an ancient Greek politician) and Santayana (a Spanish-American philosopher) the First-tier Tribunal (General Regulatory Chamber) has allowed an appeal relating to the Home Office’s refusal to disclose the report on “The Historical Roots of the Windrush Scandal”. This is the second...
The Home Office has been ordered to disclose data on the numbers of emergency travel documents issued for Eritrea and Somalia, and how long it took for those documents to be issued, after refusing to provide the information in response to a request made under the Freedom of Information Act...
The Asylum Support Tribunal has found that there is a right of appeal against a decision to stop a person’s asylum support where their asylum claim has been deemed withdrawn by the Home Office, for example where the substantive asylum interview was missed. The Home Office guidance “Ceasing Section 95...
The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions. The court also gave a brief reminder of the importance of counsel raising any issues with judicial conduct during the appeal itself. The case is...
The Home Secretary has been told by the Asylum Support Tribunal to re-make the decisions to stop the asylum support for three people who refused to move to the Bibby Stockholm barge. In doing so the tribunal also set out the process that should be followed for any such decisions...
The Senior President of Tribunals has published his 2023 annual report which includes updates from the Immigration and Asylum Chambers of both the First-tier Tribunal and Upper Tribunal. Apart from reporting on the extensive preparation work that has been required for both the Nationality and Borders Act 2022 and the...
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...
An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is regularly encountered, but the use of which is shrouded in mystery”. As a result, he did not meet the requirements...
In AB and NB v Secretary of State for the Home Department (PA/07865/20119), the First-tier Tribunal found that the United Nations Relief and Works Agency (UNRWA) was unable to provide “protection and assistance” to a severely disabled Palestinian child living in Lebanon. As a direct consequence of that he was...
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A decision to the contrary would have come as something of a surprise as it was surely...
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used to describe the circumstances where an individual has suffered as a result of the wrongful operation (or non-operation) by the...
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections) (CG) [2023] UKUT 00117. PO considers the risk of persecution for political opponents following the election of Felix Tshisekedi in 2019, significantly narrowing the scope...
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules in human rights appeals. The Upper Tribunal has neatly encapsulated the current position in a recent case, Caguitla (Paragraphs 197...
The Upper Tribunal has set aside a decision of the First-tier Tribunal after finding the hearing was unfair because of the conduct of the judge and the failure to adjourn the case when the Home Office Presenting Officer raised concerns over her personal safety. The Upper Tribunal in MS (judicial...
The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), says: Background Ms Chimi was born in September 1977 in Cameroon. In 2000 she moved to France and formed a relationship....
In a helpful judgment, the Upper Tribunal has awarded £10,500 to a child who was unlawfully prevented from entering the UK from Greece to be re-united with his cousin who had been recognised as a refugee and had lived in the UK for many years. R(MA) v Secretary of State...
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement. This is the...
The Upper Tribunal has watered down the effect of a recent decision of the Court of Appeal in the case of AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512. The Upper Tribunal’s judgment reaffirms that where an appellant has not had a fair hearing they...
The Upper Tribunal has confirmed that a recognised victim of trafficking who is also an asylum seeker, partly fearing re-trafficking on return as well as political persecution, should have been granted permission to stay (leave to remain) whilst their asylum claim was pending, in line with findings in R (KTT)...
A person who lacks the requisite mental capacity to litigate in the tribunal or courts requires what is called a ‘litigation friend’ to conduct proceedings on their behalf. The role of a litigation friend is crucial in ensuring that individuals with mental health disabilities are able to participate effectively in...
The Upper Tribunal has addressed the Secretary of State’s failure to comply with court directions and due process obligations in the First-tier Tribunal. The court considered the consequences of disposing of a case because of this failure, without considering its merits. The case is SSGA (Disposal without considering merits; R25)...
The case of Muslija (deprivation: reasonably foreseeable consequences) [2022] UKUT 337 (IAC) makes it clear that the reasonably foreseeable consequences of deprivation of British citizenship do not include predicting the outcome of a subsequent human rights appeal. The case concerns an Albanian national who obtained refugee status, and subsequently citizenship,...
The Upper Tribunal has issued guidance on the use of material from an applicant’s social media accounts in age assessment proceedings in R (BG) v LB Hackney [2022] UKUT 00338 (IAC). The brief facts The standard directions made by the Upper Tribunal in age assessment proceedings required the asylum seeker...
The Upper Tribunal has issued country guidance about the risk from gangs in El Salvador. In EMAP (Gang violence – Convention Reason) El Salvador CG [2022] UKUT 00335 (IAC), the Upper Tribunal makes helpful findings about the general context in which persecution by gangs takes place in El Salvador and...
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful immigration status, the Department for Work and Pensions (DWP) Regulations treat them as a person not in the UK and...
The tribunal quarterly statistics for the period July to September 2022 show that waiting times for appeals have increased, but the number of new cases entering the tribunals continues to decrease. The number of cases being decided has also increased. The statistics show that the average time to clear all...
In a change to which some of us may struggle to adjust, tribunal judges are now to be addressed in court or correspondence as “judge” rather than “sir”, “madam” or (cringe) “ma’am”. So say the Lord Chief Justice and the Senior President of Tribunals: The current practice is to address...
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais (fairness and extended family members) [2022] UKUT 300 (IAC). You can read more about the cases of Celik and Batool here. In this case, the Upper Tribunal considered...
The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in the UK and working legally, on their income....
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for people appealing, many of whom have never set foot in a courtroom in their lives and whose continued presence in this country hinges on the...
This is the story of what might be the longest-running appeal within the UK’s immigration appeal system. The story starts in rather ordinary fashion. AA arrived in the UK on the back of a lorry in early January 2009 when he was a child. He was a young Sunni Kurd...
In an unreported case, Upper Tribunal Judge Stephen Smith held that a proportionality assessment should happen in marriage of convenience cases. Secretary of State of the Home Department v Ms Dora Nketia (unreported) 11 Aug 2022 EA/04841/2019 concerns the approach to be taken under the Immigration (European Economic Area) Regulations...
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general situation for asylum seekers from several countries is determined by the Upper Tribunal in what are called Country Guidance (CG)...
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom. OH challenged a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and...
The appellant in ASA (Bajuni: correct approach, Sprakab reports) CG [2022] UKUT 00222 (IAC) argued that he was born and raised on the Island of Chula until he was 17. He was a citizen of Somalia and of Bajuni origin and therefore he was at risk of persecution on return...
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...
