All Articles: Upper Tribunal

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 said. As a result, where ETS provides evidence indicating that the test relied upon by an individual was taken by...

3rd June 2024
BY Keelin McCarthy

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 also quashed. The linked cases are RM and others v Secretary of State for the Home Department JR-2024-LON-000082 and WM...

20th May 2024
BY Sonia Lenegan

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 in circumstances where their sponsor had lost his EU citizenship. The case is Secretary of State for the Home Department...

26th April 2024
BY Sonia Lenegan

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 how the assessment of whether a person’s fear of persecution is “well-founded” should be carried out. The case is JCK...

23rd April 2024
BY Sonia Lenegan

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 appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous...

8th April 2024
BY Nick Nason

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 Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored...

20th March 2024
BY Katie Schwarzmann

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 who had been accepted by the Home Office to be a victim before 30 January 2023 and had, before that...

28th February 2024
BY Eva Maria Doerr

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...

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...

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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