Archives For Cases

grass green sky blue

The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues in immigration and asylum law still out there on which judges, lawyers and litigants need guidance and that the tribunal is able to turn its collective mind to matters such as Budhathoki (reasons for decisions) [2014] UKUT 00341 (IAC): Continue Reading…

Chelvan

In an e-mail posting on a practitioners’ discussion group last week, a representative asked the group for details of a psychiatrist in order to prove that the detained client is gay. In follow-up e-mails, it was revealed that the enquiry was prompted by Counsel’s advice, and that the author meant no offence. Luckily for the author of the enquiry, the Court of Justice of the European Union last Thursday published the Opinion of Advocate General Sharpston in the Cases of A, B and C , which relate to how an asylum seeker could establish that they are gay, or more importantly, what level of investigation would violate their human rights? Continue Reading…

wedding rings

The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attending in person. It is a sort of literal version of one’s mind being elsewhere, I suppose, and in an increasingly globalised and time-poor world will perhaps become more common…

Proxy marriages have been addressed in at least two previous tribunal determinations (and my first post on this subject was in 2008) and also featured in a recent Chief Inspector or Borders and Immigration report (and even more so in the ensuing media coverage). The latest case is TA and Others (Kareem explained) Ghana [2014] UKUT 316 (IAC). It usually means trouble where a previous determination or judgment needs to be “explained”. Continue Reading…

Pinnochio by Grand Parc - Bordeaux, France

Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reached the Upper Tribunal, the withdrawal of decision did not automatically deprive the Upper Tribunal of jurisdiction, and it went on to determine the appeal anyway.

The actual reason for it being reported is that the appellant had answered “no” to the standard visa application form question about previous convictions. In fact she had pleaded guilty to shoplifting some years previously and been given a conditional discharge. Was she dishonest in her answer? The Home Office and the First-tier judge answered “yes” and her application and appeal had therefore failed so far. Continue Reading…

Cases arriving on luggage carousel

The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but the cases illustrate well the stark differences between domestic and EU law on deportation. Continue Reading…

Gaddafi mural with bullet holes by mojomogwai, on Flickr

Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for men. The determination of AT and Others (Article 15c; risk categories) (CG) [2014] UKUT 318 (IAC) runs to 261 paragraphs plus 8 appendices, and the tribunal is to be commended for its lucid treatment of a huge amount of evidence, delay (and some conclusions) notwithstanding. The hearing itself was notable for taking live videolink evidence from a country expert in New York City. Continue Reading…

By Chris Beckett, on Flickr

No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by Parliament) and unlawfully discriminatory. The judgment includes some choice wording. What follows are the words of the judgment, but with some missed out. You can read the whole thing here: R (On the Application Of The Public Law Project) v The Secretary of State for Justice the Office of the Children’s Commissioner [2014] EWHC 2365 (Admin)I’ve omitted most of the usual ellipses for ease of reading. Continue Reading…

Razor wire at Tinsley House

In Detention Action v Secretary of State for the Home Department [2014] EWHC 2245, Ouseley J considered a challenge to the lawfulness of the policy and practice applied by the Secretary of State in the operation of the detained fast track and concluded that it ‘carries with it too high a risk of unfair determinations’ ([221]). Continue Reading…

By Metaforica (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert witnesses to comment on particular findings made by decision-makers in reasons for refusal letters. Continue Reading…