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is a right of appeal against a decision to stop a person’s asylum support where their asylum claim has been deemed withdrawn […]
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 case involving poor conduct on […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 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: […]
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 […]
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 […]
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] […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK since 2007. She had a […]
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement law in the middle of […]
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to […]
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant […]
If your asylum or immigration application is refused by the Home Office, and you have a right of appeal, your appeal will be heard in the First-tier Tribunal (FTT). If […]
