All Articles: Upper Tribunal

The latest in a rash of recent cases displaying poor behaviour on the part of the Home Office is R (Amena El-Ashkar) v Secretary of State for the Home Department JR-2022-LON-002069. This is a decision on an application by the Home Secretary to withdraw undertakings that had been provided to...

16th February 2024
BY Sonia Lenegan

The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered that evidence be excluded, and then in response to that sought to withdraw the decision under challenge. The case is Maleci (Non-admission of late evidence)...

5th February 2024
BY Sonia Lenegan

The Upper Tribunal has held that it is lawful for the Home Secretary to deprive a person of their British citizenship without notice, in this case because of a concern that the second nationality would be renounced. Renunciation would have meant that deprivation of British citizenship would be at risk...

22nd December 2023
BY Sonia Lenegan

In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount to a human rights claim. This is yet another case where people trying to access their rights under the EU...

21st December 2023
BY Sonia Lenegan

Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a panel that included Mr Justice Dove, the President of the Upper Tribunal (Immigration and Asylum Chamber). In Lata (principal controversial...

24th July 2023
BY Deborah Revill

It is not often you’ll see an Upper Tribunal judge simply concede defeat trying to understand what on earth the immigration rules mean, but this is exactly what happened in this unreported Appendix EU durable partner appeal. For those who have battled the complexities of Appendix EU, there is some...

25th January 2023
BY Chris Benn

The Home Office has agreed to review its policy Fee waiver: Human Rights-based and other specified applications, which provides guidance on the time limits for making human rights based immigration applications where an application is made after a fee waiver has been granted. This comes after confusion over deadlines threatened...

12th October 2022
BY Free Movement

Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County Council (age assessment; dental evidence) [2017] UKUT 446, reminds us that pinpointing the age of a young person claiming asylum, other than where there is...

27th November 2017
BY Alison Harvey

Three judges of the Upper Tribunal have examined 13 separate decisions of the same First-tier Tribunal judge and found them “wholly failing to meet the standards that are demanded by the office of a judge and expected by the parties”. The unreported judgment in AA069062014 & Ors. [2017] UKAITUR AA069062014 (30 August...

27th September 2017
BY cjmckinney

Fees for judicial review applications hare risen yet again from today, Monday 25 July 2016. A new fees order was quietly laid last Friday: The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016. The fees going up are for the permission stage and they rise by 10%. Other fees remain as...

25th July 2016
BY Colin Yeo

The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is  MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will...

31st October 2012
BY Colin Yeo
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