The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held […]
There is nothing wrong with the integrity of the process by which Educational Testing Service (“ETS”) identifies its English language test results as “invalid” or “questionable”, the Upper Tribunal has […]
The Upper Tribunal has found the guidance to be used those who cannot travel to enrol their biometrics because it is unsafe to be unlawful. The individual refusal decisions were […]
The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law […]
Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision from the Upper Tribunal on […]
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an […]
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the […]
The Upper Tribunal has confirmed that the Home Secretary’s “Discretionary Leave” guidance, version 10, published on 16 March 2023 is unlawful to the extent that it excludes victims of trafficking […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
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 […]
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) […]
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 […]
