The European Court of Justice could extend Surinder Singh rights to unmarried partners

On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice of the European Union, by the former President of the Upper Tribunal, Mc. ...

19th April 2018 By

Reference made to CJEU on rights of appeal for extended family members

Anthony Metzer QC led Sanaz Saifolahi, on behalf of the Respondent, before the President of the Upper Tribunal, Mr Justice McCloskey, on the application of the Surinder Singh rationale to the unmarried partner of a British National. There are current. ...

29th March 2017 By

Will the real Article 8 please stand up!

In the reported case of Green (Article 8 – new rules) [2013] UKUT 254 (IAC), the Upper Tribunal again reaffirmed that despite the Immigration Rules pertaining to incorporate Article 8, tribunals should continue to consider the substantive Article 8 ...

19th June 2013 By

Tanveer Ahmed upheld

In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European Court of Human Rights in Singh v Belgium (Application No. 33210/2011) neither justify nor req. ...

17th June 2013 By

Marriage and civil partnerships inspection report

The latest report by John Vine, the Independent Chief Inspector of Borders and Immigration, was published this week. It concerns applications to enter, remain and settle in the UK on the basis of marriage and civil partnerships and the summary of rec ...

31st January 2013 By

Post Study Work and s.85A: applications continue until decided

The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work applications: the date of the award and ...

30th January 2013 By

Two sides of the same coin

Following on from the case of Ahmadi ( s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC)  the Upper Tribunal has (for now) resolved the perplexing issue of what to do when the Secretary of State combines a refusal to vary leave with a Sectio ...

29th November 2012 By

“A series of small omissions and unfortunate developments…”

The reported Upper Tribunal case of Kalidas (agreed facts – best practice) [2012] UKUT 00327 (IAC) underscores some important points of practice and procedure in the First Tier Tribunal (FTT). The case concerned an appeal before the FTT where it a.. ...

23rd November 2012 By

Iranian dissidents awarded Sakharov Prize

Imprisoned lawyer Nasrin Sotoudeh and banned film maker Jafar Panahi have been awarded the Sakharav Prize. The Sakharav Prize, named after the Soviet scientist and dissident, is an annual prize, awarded by the European Parliament to individuals or... ...

2nd November 2012 By

Evidential flexibility policy revealed

Bendy rule Further to Sarah Pinder's earlier post on this subject, I have been provided with a copy of the infamous “PBS PROCESS INSTRUCTION EVIDENTIAL FLEXIBILITY” document in response to a Freedom of Information Request. I am very grateful to J ...

30th July 2012 By

New Immigration Rules brought in immediately

Rules... Following the Supreme Court decisions in the cases of Munir and Alvi, as reported on this blog yesterday, the UK Border Agency has acted suspiciouslyextremely quickly: see the Statement of Changes CM 8423 dated 19 July 2012, to come into ... ...

19th July 2012 By

Genuine visitor: relevant and irrelevant considerations

Click to buy the full ebook In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In Sawmynaden, the appellan ...

22nd May 2012 By

Allegations of Judges misconduct: proof needed, of course….

The Vice President of the Upper Tribunal has recently provided guidance applicable to cases where a party is alleging misconduct by a Judge. In the recently reported case of Azia (proof of misconduct by judge) [2012] UKUT 00096 (IAC) the official he.. ...

24th April 2012 By

The Upper Tribunal, Maslov and the public interest

Further guidance has been reported which is applicable to deportation appeals raising Article 8.   In Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 00046 (IAC) the official head note reads as follows: The follow ...

27th February 2012 By

Tribunal’s view on Sapkota

The Upper Tribunal haven't hung around in turning their attention to the recent case of Sapkota v Secretary of State for the Home Department [2011] EWCA Civ 1320, which was only reported here on the blog three weeks ago. They have also reviewed the... ...

21st December 2011 By