All Articles: Tribunal

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give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn.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

Sri Lanka Country Guidance seminar report

Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shiva ...

15th July 2013 By

F (Para 320(8); type of leave) USA

F (Para 320(8); type of leave) USA [2013] UKUT 00309 (IAC) New reported immigration tribunal case on paragraph 320(18) of the immigration rules, one of the discretionary general grounds for refusal. The Entry Clearance Officer had failed to exercise d ...

10th July 2013 By

EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania

EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania [2013] UKUT 00313 (IAC) Important case on trafficking. Amongst other things, a failure by the Home Office to take account of its own duties to combat trafficking might render a decision unlawfu ...

10th July 2013 By

Akhtar (CEFR; UKBA Guidance and IELTS)

Akhtar (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC) New reported tribunal decision on the English language requirements. IELTS scores need to be at B1 or higher even if the rules requirement appears to be A1 or higher. ...

9th July 2013 By

Shabani (EEA – jobseekers; nursery education)

Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains the status of a worker in EU law (‘no’, apparent ...

9th July 2013 By

New post civil war Sri Lankan Country Guidance

A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). One of the three appellants succeeded on refugee grounds – c ...

9th July 2013 By

Will the real Article 8 please stand up!

In the reported case of Green (Article 8 – new rules) [2013] UKUT 254 (IAC), the Upper Tribunal again reaffirmed that despite the Immigration Rules pertaining to incorporate Article 8, tribunals should continue to consider the substantive Article 8 ...

19th June 2013 By

Tanveer Ahmed upheld

In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European Court of Human Rights in Singh v Belgium (Application No. 33210/2011) neither justify nor requ ...

17th June 2013 By

Operation Nexus

The Met Police website tells us that: Operation Nexus, designed and delivered by the MPS and UKBA, aims to maximise intelligence, information and world wide links to improve how we deal with and respond to foreign nationals breaking the law. AC Rowley ...

12th June 2013 By

Absence of legal aid may breach fair hearing

A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link format’ posts with no real commentary, but I wanted to highlight ...

9th April 2013 By

Sikhs in Afghanistan

DSG &  Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated exis ...

8th April 2013 By

Important guidance on medical evidence in asylum cases

JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals ...

8th April 2013 By

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC)

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of u ...

8th April 2013 By

More Evidential Flexibility Policy instructions disclosed

A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy.  You can access the disclosure here.  The policy (but n ...

6th March 2013 By

‘Adequate’ maintenance and welfare benefits

Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84 (IAC) Useful best practice case for practitioners still dealing with old-style maintenance cases, particularly where the sponsor is in receipt of welfare benefits of some sort. ...

1st March 2013 By

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC)

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy. ...

1st February 2013 By

Mirza (ACCA Fundamental level qualification – not a recognised degree) [2013] UKUT 41 (IAC)

But why chose to report a case when the appellant had no lawyer? ...

1st February 2013 By

Post Study Work and s.85A: applications continue until decided

The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work applications: the date of the award and ...

30th January 2013 By

Two sides of the same coin

Following on from the case of Ahmadi ( s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC)  the Upper Tribunal has (for now) resolved the perplexing issue of what to do when the Secretary of State combines a refusal to vary leave with a Sectio ...

29th November 2012 By

“A series of small omissions and unfortunate developments…”

The reported Upper Tribunal case of Kalidas (agreed facts – best practice) [2012] UKUT 00327 (IAC) underscores some important points of practice and procedure in the First Tier Tribunal (FTT). The case concerned an appeal before the FTT where it app ...

23rd November 2012 By

Country Guidance on Ahmadis from Pakistan

The Upper Tribunal has issued a new Country Guidance case on Ahmadis from Pakistan, the case of MN and others (Ahmadis – country conditions – risk) Pakistan CG [2012] UKUT 00389 (IAC). Shivani Jegarajah and Colin Yeo of Renaissance Chambers (and t ...

16th November 2012 By

Immigration appeals and executive discretion

Following on from his learned but — at least on the question of what a judge should actually do— slightly Delphic determination in AG and others (Policies; executive discretions; Tribunal’s powers) Kosovo [2007] UKAIT 00082, the Dep ...

28th September 2012 By

The interplay between immigration and family proceedings – Part 2

Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings.  In Nimako-Boateng (residence orders – Anton considered) [2012] U ...

11th July 2012 By

The interplay between immigration and family proceedings – Part 1

Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa.  The first case of Nimako-Boateng (residence orders – Anton considered) [ ...

10th July 2012 By

Immigration judicial reviews to be transferred

The Government is amending the Crime and Courts Bill to allow transfer of any or all immigration, asylum and nationality judicial review cases from the High Court to the Upper Tribunal. This seems to have pretty much universal support from Government, ...

4th July 2012 By

Inter-country adoption case

In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court order made by a competent court in a foreign country. Where suc ...

24th May 2012 By

Two tribunal cases on deception

In the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows: ( ...

23rd May 2012 By

Genuine visitor: relevant and irrelevant considerations

In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In Sawmynaden, the appellant had travelled to the UK on ...

22nd May 2012 By

GS (India) and medical treatment cases

Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of  GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC), in which it was held that a diabetic man on dialysis who would be painfully ...

17th May 2012 By

Fairness to the rescue – Yes, again!

The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC).  This concerns applications rejected as invalid specifically due to a non-payment of the applicatio ...

30th April 2012 By

Allegations of Judges misconduct: proof needed, of course….

The Vice President of the Upper Tribunal has recently provided guidance applicable to cases where a party is alleging misconduct by a Judge. In the recently reported case of Azia (proof of misconduct by judge) [2012] UKUT 00096 (IAC) the official head ...

24th April 2012 By

Section 85A commencement order doesn’t mean what it says

Far too late to be of use to anyone, the Upper Tribunal has held that the controversial commencement of section 85A did not affect appeals that had already been lodged. The case is Shahzad (s. 85A: commencement) Pakistan [2012] UKUT 81 (IAC). It was ...

23rd March 2012 By

Deportation game changer

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President ...

13th March 2012 By

Unattended children in Afghanistan

This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died in the IDP camps around Kabul as result of the freezing wint ...

29th February 2012 By