All Articles: Tribunal

When might an appeal continue even though Home Office withdraws the decision?

In the case of ZEI & Ors (Decision withdrawn – FtT Rule 17 – considerations : Palestine) [2017] UKUT 292 (IAC)  the Upper Tribunal, chaired by Mr Ockelton, has considered the application of rule 17 of the procedure rules. This rule provid ...

20th July 2017 By

Tribunal decides wasted costs orders cannot be made against Home Office representatives

In the case of Awuah and Others (Wasted Costs Orders – HOPOs – Tribunal Powers) [2017] UKFTT 555 (IAC) the tribunal has decided that a wasted costs order — an order that a representative personally pay the costs incurred by the other ...

19th July 2017 By

Coruscating criticism by President of Home Office behaviour in refugee family reunion case

To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used by Mr Justice McCloskey, president of the Upper Tribunal, in the judicial review case of Mohamed Al-Anizy. ...

19th May 2017 By

Capparrelli (EEA Nationals – British Nationality) [2017] UKUT 162 (IAC) -Comment by Ian Macdonald QC

Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home Office has wrongly issued British passports to EU citizens and their childr ...

18th May 2017 By

Home Office application to delay Calais Jungle child asylum case refused by tribunal

In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay of proceedings – principles) [2017] UKUT 168 (IAC) given on 28 March 2017, the Upper Tribunal refused the Secretary of St ...

3rd May 2017 By

Home Office cannot unilaterally modify tribunal bail conditions (updated)

The as yet unreported case of R (on the application of Majera) v Secetary of State for the Home Department [2017] UKUT 163 (IAC) is a thoughtful judgment from the Upper Tribunal gives helpful guidance on the legal status of a First Tier Tribunal ba ...

24th April 2017 By

Deport first, appeal later certificates, judicial reviews and fresh claims considered by Upper Tribunal

In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immi ...

4th April 2017 By

When is it reasonable to require British citizen children to leave Britain?

Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigr ...

29th March 2017 By

Tribunal makes order requiring dental age assessment of young asylum seeker

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach t ...

20th December 2016 By

Nigerian country guidance case strengthens protection for trafficked women

In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order ...

25th October 2016 By

New Country Guidance case on Eritrea finds real risk on return

The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean ...

11th October 2016 By

Fresh claims *might* generate right of appeal after all

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: ...

26th September 2016 By

No right of appeal against refusals for extended family members rules tribunal

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended ...

21st September 2016 By

Quick Reads