No reprieve for durable partners prevented from marrying due to COVID-19
17 August 2022
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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
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
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
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
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
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.
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 Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion
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
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
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
The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a
In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general
This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now
The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more
In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal
Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before
How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported? Since 2011,
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status.
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of
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
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case
Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals
A serious crime is enough for humanitarian protection to be revoked, the Upper Tribunal has held. The case is Kakarash (revocation of HP; respondent’s policy)
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane.
Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the
The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported
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...
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...
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....
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...
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...
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...
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion clauses”, found at Article 1F of the Convention. Accordingly, The provisions of this Convention shall not apply to any person with respect to whom there...
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 prohibits inhumane and degrading treatment. Where a person’s mental...
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 established. Specific guidance for experts providing reports for cases in...
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 Testing Service (“ETS”). The BBC Panorama programme broadcast on 10 February 2014 exposed widespread...
The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by...
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might nevertheless avoid any such risk by returning voluntarily to another part of that country, even where he does not wish...
In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against Trafficking (ECAT) not being a part of UK domestic law is no reason to refuse to examine the lawfulness of a policy which purports to...
A Scottish lawyer can represent a client in the immigration tribunal anywhere in the UK. The same is true of a Northern Irish lawyer. The same is true of a level 3 adviser registered with the Office of the Immigration Services Commissioner. Lawyers practising in England and Wales do not...
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general human rights situation in Iran continues to hold good, but the new decision makes additional findings on a narrow but important issue: “risk on return...
This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now returned to this topic in the recent decision of Saeed (Deception – knowledge – marriage of convenience) [2022] UKUT 18 (IAC). The facts Mr Saeed,...
The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after submitting the application. The case is Walile (deprivation: self-incrimination: anonymity) [2022] UKUT 17 (IAC). Offence committed while citizenship application pending The facts in this case...
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more closely defined. I would suggest that this is because, like obscene material, it is because we ‘know it when we see it’. Some musing from...
In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that Home Office guidance on refugee family reunion applications is unlawful because it fails to accurately describe the legal discretion in relation to providing biometric information....
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed substantially enough to allow a departure from previous country guidance. This is important because people applying for asylum based on Oromo Liberation Front (OLF) support/and...
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transfers judicial reviews to the County Court once the public law...
Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before Brexit — specifically, retained rights of residence for “durable partners”. Mr Singh had a residence card on the basis of a durable relationship with his...
How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported? Since 2011, the restricted leave policy has sought to address that question. Restricted by name and restrictive by nature, the policy envisions short grants of leave, usually...
A 38-year-old man born in the UK without British citizenship cannot be deported to a country he has never even been to, the Upper Tribunal has decided. The case is Akinyemi v Secretary of State for the Home Department (unreported, DA/00574/2014). Remi Akinyemi was born in the UK in 1983....
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead to refugees being removed from the UK. Background...
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applications under Part 14 of the Immigration Rules. In particular, it considered whether...
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in breach of a deportation order (twice). Rather than seeking to enforce the deportation order,...
The seriousness of a criminal offence is a key factor in deportation cases. It is generally judged with reference to the sentence given by the criminal courts. But what happens when that sentence has been discounted due to an early guilty plea? Last year, in HA (Iraq) v Secretary of...
Last week I set out some observations on the taking of evidence by videoconference from abroad. I pointed to substantial authority that, in the case of the willing litigant or witness outside the UK dialling up on Zoom, where no judicial assistance (such as a witness order) is required in...
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...
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upper Tribunal in R (Akber) v Secretary of State for the...
Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 (IAC). NM suffers from end-stage chronic kidney disease and needs dialysis to stay alive....
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essential for appellants to put their case properly and having the decision made on...
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on...
A serious crime is enough for humanitarian protection to be revoked, the Upper Tribunal has held. The case is Kakarash (revocation of HP; respondent’s policy) [2021] UKUT 235 (IAC). Appeal against loss of humanitarian protection initially allowed Mr Kakarash, an Iraqi national, came to the UK as a child and...
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. The tribunal concluded that it did not. As a...
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its duties concerning the best interests of children. In most...
Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful human rights appeal against removal from the UK was decided...
The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the Upper Tribunal has found that the “modified” (for which, read “lowered”) test for Article 3 breach in medical treatment cases...
