All Articles: Upper Tribunal

Proportionality principle no help in EU mother’s income support claim

LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to LO, who just wanted her income support. Despite compelling person ...

4th December 2017 By

Dental x-rays in age assessment: art not science

Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County Council (age assessment; dental evidence) [2017] UKUT 446, reminds us that pinpointing the age of a ...

27th November 2017 By

Tribunal rejects softer Strasbourg approach to Article 3 medical cases

When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not receive the care they need? When they’re days away from death? When it will halve their lifespan? What level ...

20th November 2017 By

Immigration judge “wholly failing to meet standards”, Upper Tribunal finds

Three judges of the Upper Tribunal have examined 13 separate decisions of the same First-tier Tribunal judge and found them “wholly failing to meet the standards that are demanded by the office of a judge and expected by the parties”. The ...

27th September 2017 By

Controversial new human rights rules rejected

The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is  MF (Article 8 – new ru ...

31st October 2012 By