All Articles: Tribunal

Successful judicial review of social services age assessment

R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My col ...

10th August 2015 By

Upper Tribunal finds Somali journalist cannot be expected to change profession to avoid persecution

The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist would be at risk of persecution if returned to Somalia and that, cruciall ...

30th July 2015 By

New tribunal cases on statutory human rights considerations and “integration”

The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and the statutory considerations is the itch that judge ...

29th July 2015 By

Extending time limits for late appeals

The Upper Tribunal returns to the issue of extending time for late appeals in the case of RK (Allowed appeals – service on respondent) Albania [2015] UKUT 331 (IAC). The special pleading by the Home Office on this occasion is around the “agre ...

3rd July 2015 By

Good news and bad for challenges to ETS fraud decisions

The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyo ...

18th June 2015 By

Unrepresented litigant must understand nature of case against her

In an interesting short Upper Tribunal judicial review determination, Upper Tribunal Judge Coker finds on the facts of the particular case that a judge in earlier, separate proceedings had erred in failing to ensure that the reasons for refusal of asy ...

4th June 2015 By

Family visit appeal fails on human rights grounds

In the case of Adjei (visit visas – Article 8) [2015] UKUT 261 (IAC) the Upper Tribunal dismisses an appeal against refusal of a family visit visa. This is despite the First-tier Tribunal finding that the application in question in truth met the r ...

2nd June 2015 By

Meaning of “access rights” to children in immigration law

With the Children Act 1988, the language of “access” and “custody” was abandoned in family law, and with good reason. The language was suggestive of incarceration, it encouraged confrontation between parents and it was based on ...

1st June 2015 By

Indemnity costs in immigration judicial reviews

Discretion in relation to costs is a wide one and awarding costs on an indemnity basis against an unsuccessful party is a departure from the norm. The substantive matter in the case of R (on the application of Kaienga) v Secretary of State for the Ho ...

29th May 2015 By

Precarious immigration status defined

The Upper Tribunal has promulgated long-awaited guidance on the interpretation of section 117B Nationality, Immigration and Asylum Act 2002. The headnote of AM (S 117B) Malawi [2015] UKUT 260 (IAC) provides: ...

28th May 2015 By

Mandatory orders in immigration judicial review applications

The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – bas ...

20th May 2015 By

Immigration applicants cannot rely on telephone calls with Home Office

Immigration applicants cannot rely on telephone calls with Home Office operators, the Upper Tribunal has held in the case of R (on the application of Zia and Another) v Secretary of State for the Home Department IJR [2015] UKUT 191 (IAC). ...

19th May 2015 By

Genuine students and ECO interviews

Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine student” I was interested to see the new case of R (on the applicat ...

17th May 2015 By

Wasted costs ordered against solicitor and counsel and case struck out

In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant̵ ...

14th May 2015 By

What amounts to a “human rights claim” generating a new right of appeal?

Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act ...

29th April 2015 By

Can you make a new application while awaiting outcome of another application or appeal?

The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Coun ...

23rd April 2015 By

Mind the gap: immigration rules and human rights are not coterminous

In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are ...

22nd April 2015 By

Upper Tribunal on meaning of very compelling circumstances

The latest from the Upper Tribunal on the statutory presumptions on human rights cases introduced by the Immigration Act 2014 is the case of Chege (section 117D : Article 8 : approach : Kenya) [2015] UKUT 165 (IAC). The determination seems very deepl ...

20th April 2015 By

Visitor appeal succeeds on human rights grounds

In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the que ...

10th March 2015 By

Tribunal pronounces on statutory human rights considerations

In Dube (ss.117A-117D) [2015] UKUT 90 (IAC) the Upper Tribunal expresses its opinions on the new Part 5A of the Nationality, Immigration and Asylum Act 2002, introduced by the Immigration Act 2014. The Court of Appeal has already had its say in the c ...

4th March 2015 By

Human rights, private life, paragraph 276ADE, suitability and ties

Bossadi (paragraph 276ADE; suitability; ties) [2015] UKUT 00042 (IAC) is very short but somewhat less than sweet. A panel of the tribunal tries to row back from the earlier case of Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) an ...

9th February 2015 By

“Wing and a prayer” grounds of appeal criticised by President

President Mr Justice McCloskey has criticised the Home Office for submitting “wing and a prayer” grounds of appeal to the Upper Tribunal and the judge who granted permission to appeal. The case is MR (permission to appeal: Tribunal’s app ...

27th January 2015 By

New Country Guidance case on Darfuris and Sudan

MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is state ...

12th January 2015 By

Upper Tribunal: Merry Christmas Pakistani Christians! Appeals dismissed…

In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakista ...

23rd December 2014 By

Only 15% of Tribunal reporting committee members are women

Some information about the shadowy Upper Tribunal Reporting Committee shared with me by the indefatigable Shoaib Khan, obtained through a Freedom of Information request: The current members of the reporting committee are: Mr Justice McCloskey (Preside ...

15th December 2014 By

Minimum income requirement and specified evidence

The case of Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) (12 November 2014) involved refusals of entry clearance for a spouse and three children. The basis of refusal was that the sponsor was self employed, cla ...

8th December 2014 By

New country guidance case on Angola and Cabinda

The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detenti ...

1st October 2014 By