All Articles: Tribunal

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...

8th February 2024
BY Sonia Lenegan

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...

5th January 2024
BY Sonia Lenegan

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...

22nd December 2023
BY Iain Halliday

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...

8th December 2023
BY Sonia Lenegan

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...

19th September 2023
BY Grace Capel

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...

25th July 2023
BY Colin Yeo

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...

25th July 2023
BY Jennifer Lanigan

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...

2nd June 2023
BY Katherine Soroya

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...

30th May 2023
BY Iain Halliday

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...

26th May 2023
BY Sonia Lenegan

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....

22nd May 2023
BY Josie Laidman

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...

25th April 2023
BY Alex Schymyck

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...

22nd February 2023
BY Iain Halliday

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 will...

20th February 2023
BY Bilaal Shabbir

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)...

16th February 2023
BY Irene Tsherit

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...

27th January 2023
BY Brian Dikoff

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)...

17th January 2023
BY Charlotte Rubin

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,...

6th January 2023
BY Iain Halliday

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...

23rd December 2022
BY Gabriel Tan

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...

20th December 2022
BY Alex Schymyck

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...

15th December 2022
BY Chris Benn

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...

9th December 2022
BY Josie Laidman

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...

5th December 2022
BY Colin Yeo

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...

18th November 2022
BY Iain Halliday

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. But...

15th November 2022
BY Deborah Revill

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...

8th November 2022
BY Free Movement

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...

1st November 2022
BY Christopher Cole

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 2016...

14th October 2022
BY Pip Hague

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)...

13th October 2022
BY Iain Halliday

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...

29th September 2022
BY Bilaal Shabbir

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...

12th September 2022
BY Josie Laidman

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...

25th August 2022
BY Iain Halliday

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 costs order of £400 made against her in 2014, following an unsuccessful judicial review. In September 2019 she made an...

22nd August 2022
BY Colin Yeo

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 a global pandemic – when people faced difficulty travelling, marrying, and getting advice from an immigration lawyer – was bound...

17th August 2022
BY Iain Halliday

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 settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU...

16th August 2022
BY Iain Halliday

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 back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s....

28th June 2022
BY Alex Schymyck

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 you lose your appeal at the FTT, you may be able to appeal to the Upper Tribunal. But you have...

30th May 2022
BY Emma Turnbull

Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European Court of Human Rights decision in Paposhvili v Belgium (application no. 41738/10) and thereby materially lowered the threshold for resisting...

19th May 2022
BY Miranda Butler

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 case concerned a refusal under the old paragraph 320(7A), the findings...

17th May 2022
BY Alex Piletska

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 case provides guidance on whether someone sent back to...

16th May 2022
BY Eva Maria Doerr
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