All Articles: Tribunal

Immigration judges told how to handle Somalian refugee cessation cases

The Upper Tribunal has provided guidance on how First-tier Tribunal judges should approach attempts by the Home Office to revoke refugee status from Somalian nationals. SB (refugee revocation; IDP camps) Somalia [2019] UKUT 358 (IAC) confirms that it ...

21st November 2019 By

EU children can be lawfully resident in the UK without exercising treaty rights

The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Huma ...

19th November 2019 By

Tribunal finds “centre of life” integration and intention tests irrelevant in Surinder Singh cases

The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the Home Office to Surinder Singh cases. For background on the Surinder ...

20th September 2019 By

New Upper Tribunal guidance on “cross appeals” and jurisdiction in EEA deportation cases

In MS (appealable decisions; PTA requirements; anonymity : Belgium) [2019] UKUT 216 (IAC), President Lane and Upper Tribunal Judges Gill and Finch provide important guidance on jurisdiction in EEA deportation and Article 8 appeals and the correct proc ...

12th July 2019 By

Tribunal blows hole in mandatory application process for EU law residence documents

In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) ...

11th July 2019 By

Upper Tribunal sets new procedure for missed appeal deadlines

In immigration law, deadlines are important. They also frequently cause confusion. Bhavsar (late application for PTA: procedure) [2019] UKUT 196 (IAC) is an example of the complications that missing a deadline can cause. In Bhavsar the Upper Tribunal ...

28th June 2019 By

Extended family members denied an appeal can go ahead and lodge one

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to du ...

24th June 2019 By

Who decides when an immigration appeal ends?

When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice ...

17th April 2019 By

Important new judgments on KO (Nigeria) case and removing migrants with children in the UK

The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a childâ ...

15th April 2019 By

“Torrent of time-wasting nonsense”: tribunal sends immigration adviser for OISC investigation

The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha &a ...

15th April 2019 By

Tribunal guidance on raising long residence during appeals process

The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fa ...

4th March 2019 By

Home Office consent required for appeal relying on new category of Immigration Rules

The upshot of the Upper Tribunal’s decision in AK and IK (S.85 NIAA 2002 – new matters) Turkey [2019] UKUT 67 (IAC) is that a person who relies upon a different category of the Immigration Rules to succeed under Article 8 at their appeal or in a s ...

27th February 2019 By

Extended family members: no residence card, no rights

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended fami ...

26th February 2019 By

Dublin III family reunion for refugees who have become British citizens

In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, ...

21st February 2019 By

How to use the new country guidance case on Iranian Kurdish asylum seekers

Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild & Dyer has been presenting the Secretary of State for the Home Department with various reports by Professor Emile J ...

14th February 2019 By

Tribunal calls for sensible approach to evidence justifying late applications

Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible not to feel deep admiration for Ms Prathipati. The 28-year-old Indian citizen appear ...

21st December 2018 By

Family members of cross border workers can derive EU right to reside if needed for childcare

The Upper Tribunal has held in the case of LS (Article 45 TFEU – derivative rights) [2018] UKUT 426 (IAC) that the family member of a cross border worker within the EU — one who lives in one EU country but works regularly in another R ...

18th December 2018 By

Home Office further amends removals policy in response to Upper Tribunal judgment

In R (FB and NR) v Secretary of State for the Home Department [2018] UKUT 428 (IAC), the appellants challenged the legality of the Home Secretary’s removals policy (traditionally known as Chapter 60 of his Enforcement Guidance and Instructions, now ...

14th December 2018 By

Appeals law: a “new matter” includes EU law arguments

In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They had spent some seven months in Cyprus and on their return to the UK, the appellant appl ...

29th November 2018 By

Blame the accountant? Tribunal weighs in on paragraph 322(5)

In R (Khan) v Secretary of State for the Home Department (Dishonesty, tax return, paragraph 322(5)) [2018] UKUT 384 (IAC) the Upper Tribunal has issued guidance to the Home Office on how to properly decide applications from Tier 1 (General) applicant ...

26th November 2018 By

Home Office CAN speak to your persecutor without asking you

So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked Bangladeshi police records for evidence of persecution PA, a Bangladeshi na ...

22nd October 2018 By

Tribunal President says bus drivers and brain surgeons to be treated the same

Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...

17th October 2018 By

Upper Tribunal tackles the law on the parent/child relationship

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpf ...

16th October 2018 By
1 2 3 4 5 6 9