All Articles: Tribunal

Genuineness test for entrepreneurs and new evidence on appeal

The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based Syste ...

12th August 2014 By

Marghia (procedural fairness) [2014] UKUT 366 (IAC)

Rather harsh but perhaps inevitable decision by Mr Justice Haddon Cave on a student left in the lurch when the start date for her course was changed at the last minute. International students really do get a raw deal from the rigidities of our increas ...

12th August 2014 By

Useful case (Pope is Catholic) [2014] UKUT 00000

The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues in immigration and asylum law still out there on which judges, lawyers and litigants ne ...

24th July 2014 By

Proxy marriage and domicile

The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attendin ...

21st July 2014 By

Conditional discharge is not a conviction. Duh.

Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reac ...

18th July 2014 By

Difference between domestic and EU law on deportation

The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but ...

17th July 2014 By

New Libya Country Guidance asylum case

Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for ...

16th July 2014 By

MORE evidential flexibility cases

Having been overruled by the Court of Appeal in the case of Rodriguez [2014] EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential ...

27th June 2014 By

Update on Haleemudeen vs Edgehill

Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 Free Movement write up and prediction here. And an upda ...

20th June 2014 By

Financial year for Appendix FM

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are disc ...

18th June 2014 By

Useful case for partners of refugees seeking entry

In the fine case of Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC) the Upper Tribunal holds that the requirement in paragraph 352AA for partners of refugees seeking entry clearance for living together in a relationship akin to eithe ...

11th June 2014 By

Two new cases on dishonesty in immigration applications

The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It is another example of an applicant with a driving conviction who ticked the ‘no’ box to th ...

10th June 2014 By

Shebl (Entrepreneur: proof of contracts) [2014] UKUT 216 (IAC)

Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such c ...

16th May 2014 By

Upper Tribunal on permission, burden of proof, professional standards, etc

In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, mak ...

9th May 2014 By

Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC)

Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 150 (IAC) is a new case from the Upper Tribunal on the vexed issue of immigration applications the Home Office considers to be invalid. The tribunal takes the view tha ...

28th April 2014 By

Procedural fairness as an error of law

In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2 ...

19th March 2014 By

Risk for Christians in China “virtually negligible”

So says the immigration tribunal in the latest Country Guidance case of QH (Christians – risk )(China) CG [2014] UKUT 86 (IAC). ...

17th March 2014 By

Shahzad (Art 8: legitimate aim) Pakistan [2014] UKUT 85 (IAC)

Like a bad itch that it can’t help but scratch, the tribunal returns again to the subject of Article 8 and ‘the proper approach’. Regretfully the distasteful, injudicious and simply impolite phrase “a run of the mill case” ...

5th March 2014 By

New judgment on delays by Home Office in judicial review cases

The Upper Tribunal has in a new judgment [R (on the application of Kumar & Anor) v Secretary of State for the Home Department (acknowledgement of service; Tribunal arrangements) (IJR) [2014] UKUT 104 (IAC)] now set out how it will deal with the v ...

3rd March 2014 By

No risk of persecution for gay men in India despite criminalisation

So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organis ...

21st February 2014 By

Pending Country Guidance case list

For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps because of the impossibility of the task but more likely because resources are being absorbed ...

20th February 2014 By

Home Office should not have special litigant status

This determination was quietly released by the Judicial Office late last year. It is unusual for immigration cases to be publicised in this way. Presumably in this instance it was because of likely public interest in the final outcome rather than the ...

22nd January 2014 By

Gulshan (Article 8 – new Rules – correct approach) [2013] UKUT 640 (IAC)

It is sad when a judge tasked with deciding whether a British pensioner should live out his last days with his wife or without comments that this was a very run of the mill case Maybe for the judge. In which case the judge should consider his or her p ...

8th January 2014 By

Duty to give reasons

MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC) is a corker of a decision from the incoming new President of the Immigration and Asylum Chamber of the Upper Tribunal, Mr Justice McCloskey. It is well worth a detailed read. Here, I just set ou ...

6th January 2014 By

SD (military service – sexual identity) Turkey CG [2013] UKUT 612 (IAC)

Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes “sexual identity disorder”. (2) Homosexuality is regarded by the ...

2nd January 2014 By

Mohammed (late application-First-tier Tribunal) Somalia [2013] UKUT 467 (IAC)

Short procedural point to this one and the use of some invisible magic hats: Where an application for permission to appeal to the Upper Tribunal is made to the First-tier Tribunal outside the prescribed period, rule 24(4) of the Asylum and Immigration ...

28th November 2013 By

Babajanov (Continuity of residence – Immigration (EEA) Regulations 2006) [2013] UKUT 513 (IAC)

(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. ...

26th November 2013 By

Bali (Family member: 3 month visit) [2013] UKUT 570 (IAC)

A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), ...

22nd November 2013 By

New immigration tribunal database launched

The MoJ say that for the first time, you can search not only Upper Tribunal ‘reported’ decisions but also ‘unreported’ decisions, which make up 96% of cases. The new website includes all of the ‘reported’ decisions by the tribunal and the ...

4th October 2013 By

Medical treatment human rights cases and Rose Akhalu

The case of Rose Akhalu (health claim: ECHR Article 8) [2013] UKUT 400 (IAC) offers a glimmer of hope to some migrants dependent on health care in the UK facing removal. These cases can involve people being sent to their country of origin to die an av ...

11th September 2013 By

Kaur (Entry Clearance – date of application) [2013] UKUT 00381 (IAC)

An application for entry clearance is made on the date on which payment of the relevant fee is made. ...

12th August 2013 By

More hope for separated parents with British children

Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK wit ...

9th August 2013 By

Vasconcelos (risk- rehabilitation) [2013] UKUT 00378 (IAC)

The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with proced ...

9th August 2013 By

Level playing field for extensions of time

Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done ...

6th August 2013 By

Wang and Chin (extension of time for appealing) [2013] UKUT 343 (IAC)

Another short one. Not to be outdone, this time the Deputy President criticises a First Tier judge for extending time for appealing for the Secretary of State on the basis of an untrue and un-evidenced assertion. Guidance is given to judges (and by ex ...

19th July 2013 By

Anoliefo (permission to appeal) [2013] UKUT 345 (IAC)

Another short case. President criticises First Tier judge for granting permission on a technicality. Where there is no reasonable prospect that any error of law alleged in the grounds of appeal could have made a difference to the outcome, permission t ...

19th July 2013 By

Boodhoo (EEA Regs: relevant evidence) [2013] UKUT 00346 (IAC)

In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the substance of the decision, in this case evidence of comprehensive sickness insurance which only began after the dat ...

19th July 2013 By

Kaur (Patel fairness: respondent’s policy) [2013] UKUT 344 (IAC)

Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn. Outgoing Pr ...

19th July 2013 By

New President Appointed

Mr Justice Bernard McCloskey has been appointed the new President of the Upper Tribunal’s Immigration and Asylum Chamber. His term begins on 1 October 2013 at the conclusion of Mr Justice Nicholas Blake’s three year term of office. First o ...

18th July 2013 By