All Articles: Tribunal

Home Office publishes new Eritrea country information and fact finding report

The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy documents on illegal exit from Eritrea and military service. From a quick glance, it looks like there is lit ...

10th August 2016 By

Rwandan considered involved in genocide wins UK settlement appeal

The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities to have been involved in crimes against humanity, specifically genoc ...

28th June 2016 By

Relatives of refugee child win appeal against refusal of entry

The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee child from Eritrea. The mother and brother were the appellants and the child in the UK was the sponsor. Th ...

20th May 2016 By

Tribunal no longer able to allow or dismiss appeals under Immigration Act 2014 regime

Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in a new reported decision, Katsonga v Secretary Of State For The Home Departme ...

19th May 2016 By

*UPDATED* Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination

President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secr ...

13th May 2016 By

Tribunal retains jurisdiction to vary bail conditions unless bail is finite

UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807. R (on the application of Raza) v Secretary of State for the Home Department (Bail – con ...

14th March 2016 By

Annual Report of Tribunals highlights urgent areas for improvement

The Annual Report of the tribunal system has been published. The review of the First-tier Tribunal Immigration and Asylum Chamber review starts at page 74. The First-tier report tells of long waits caused by fluctuations in caseload, a long-term chang ...

9th March 2016 By

EU Charter of Fundamental Rights creates freestanding rights in immigration law says tribunal

Abdul (section 55 – Article 24(3) Charter : Nigeria) [2016] UKUT 106 (IAC) is a case involving a Nigerian national aged 41 who had resided in the UK for 25 years and who had two British daughters aged 11 and 13. He had acquired a permanent righ ...

4th March 2016 By

Upper Tribunal criticises Home Office for unfair and unrealistic appeals

In the case of VV (grounds of appeal) [2016] UKUT 53 (IAC) (13 November 2015) the Upper Tribunal yet again criticises Home Office conduct of appeals to the Upper Tribunal against decisions of the First-tier. This case comes on top of Nixon (permissi ...

9th February 2016 By

Judgment in the Calais children case

Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulation – interface – proportionality) IJR [2016] UKUT 61 (IAC). The applicant child ...

29th January 2016 By

Upper Tribunal emphasises again that out of country appeal is adequate remedy

A Tier 4 student prohibited from working was accused of the Home Office of breach of his conditions of leave by taking part time employment. A decision was taken to remove him under the pre-Immigration Act 2014 version of section 10 of the Immigratio ...

21st January 2016 By

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