Category Archives: Tribunals

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment

Pakistani with ‘sufficiently reprehensible conduct’ wins ILR

SSHD v MA Khan [2020] UKAITUR HU097412019 (12 March 2020)  Appeals falling within the dreaded paragraph 322(5) genre are usually quite controversial as Tier 1 (General) migrants were seen as an asset to the UK’s economy but many of them cooked up tax … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Rules, Pakistan, Paragraph 322(5), Proportionality, Settlement, Tier 1, Tribunals | Tagged , , , , , | Leave a comment

Upper Tribunal: An extended family member must demonstrate continuous dependency on the sponsor

Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020)  The appellant, Mr Chowdhury, was a Bangladeshi national who tried to enter the UK as a student with entry clearance for three years. Upon interview at immigration control … Continue reading

Posted in Appeals, Bangladesh, Brexit, CFR, Citizens Directive, CJEU, EUSS, Free Movement, Judicial Review, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal interprets section 117D(2) of the NIAA 2002

Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020) The Court of Appeal has held that when determining whether a person had been convicted of an offence … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Judicial Review, Settlement, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal: Policy on fee waivers is unlawful 

In R (otao Dzineku-Liggison) v SSHD [JR/2249/2019], the UT held that the Home Office’s policy on fee waivers, namely the Fee Waiver: Human Rights-based and other specified applications, version 3.0 (dated 4 January 2019), is unlawful. UTJ Blundell took the … Continue reading

Posted in Article 3, Article 8, Cases, Children, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Rules, Judicial Review, Removals, Tribunals | Tagged , , , , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Supreme Court embraces Paposhvili and departs from N

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020)  This appeal provided the Supreme Court the opportunity to consider whether to return a foreign criminal (“AM”) to Zimbabwe would violate his human rights … Continue reading

Posted in Appeals, Article 3, Article 8, Asylum, Court of Appeal, Crime, Deportation, ECHR, Human Rights Act, Medical Cases, Public Interest, Settlement, Tribunals, UKSC, Zimbabwe | Tagged , , , , , , , | Leave a comment

Judge’s role is only supervisory during the taking of evidence  

WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC) (16 March 2020) Vice President Ockelton and President Lane have given guidance to the effect that “during the taking of evidence a judge’s role is merely supervisory” and “if something … Continue reading

Posted in Adjournment, Appeals, Asylum, Egypt, Judges, Persecution, Politics, Tribunals | Tagged , , , , , | Leave a comment

Royal Marine gambler with two sons loses deportation battle

LE (St Vincent and the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020)  The Court of Appeal has held that section 117C(5) of the Nationality, Immigration and Asylum Act 2002 applies … Continue reading

Posted in Afghan War, Appeals, Article 8, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Iraq, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

Brexit: Appeal rights for EUSS applicants 

The EU Settlement Scheme (EUSS), under which 3.34 million applications have been made and more than 3 million applicants have been granted status, caused uproar because applicants were not given any appeal rights and only had the right to administrative … Continue reading

Posted in Appeals, European Union, EUSS, Free Movement, Immigration Rules, Tribunals | Tagged , , , | Leave a comment

Court of Appeal: Substance not form grounds a family life

Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020)  Sir Ernest Ryder and Bean and King LJJ have held that dependency, in the strict sense provided for in Kugathas [2003] EWCA Civ 31, … Continue reading

Posted in Article 8, Bangladesh, Child Abduction, Children, Court of Appeal, ECHR, Families, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Sedley LJ, Tribunals | Tagged , , , , , , , , | Leave a comment

False imprisonment: Supreme Court overrules Draga

DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020)  In this important judgment, the Supreme Court overturned the Court of Appeal’s decision in Draga [2012] EWCA Civ 842 … Continue reading

Posted in Access to Justice, Africa, Appeals, Article 5, Asylum, Deportation, Detention, ECHR, Enforcement, Judicial Review, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal holds paragraph 276B(ii) and paragraph 322(5) represent discrete tests for refusing ILR

Tahir Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157 (14 February 2020) The appellant, Mr Tahir Yaseen, a Pakistani national, failed to make timely tax returns for the years 2010/11, 2011/12 and 2012/13. He filed … Continue reading

Posted in Article 8, Conduct/Character, Court of Appeal, False Statements and Misrepresentations, Hostile Environment, Immigration Rules, Pakistan, Paragraph 322(5), Public Interest, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | Tagged , , , , , , , | Leave a comment

The public interest in deportation has ‘a moveable rather than fixed quality’ holds Court of Appeal

Akinyemi v The Secretary of State for the Home Department [2019] EWCA Civ 2098 (04 December 2019)  The Court of Appeal thinks that it is necessary to approach the public interest in deportation in a flexible manner by accepting that … Continue reading

Posted in Article 8, Cases, Children, Court of Appeal, Deportation, ECHR, Families, Human Rights, Immigration Rules, Proportionality, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal demands adherence to proper standards of appellate advocacy

Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC) (8 October 2019)  This case makes a variety of points about the validity of immigration applications, the enjoyment of statutorily extended leave under section 3C of the … Continue reading

Posted in Article 8, Bangladesh, ECHR, Immigration Rules, Judges, Judicial Review, Notices, PBS, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

Posted in Appeals, Article 8, Asylum, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Proportionality, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Systematic failure: Immigration bail hearings 2019, the view from Taylor House

The UK is the only country in Europe without a time limit on detention for immigration purposes, despite pressure from numerous campaigns. The burden is therefore on the applicant to show why he should be allowed out on bail while … Continue reading

Posted in Article 5, Article 8, Bail, Detention, ECHR, HOPOs, Human Rights, Tribunals | Tagged , , , | Leave a comment

Court of Appeal reopens appeal to avoid real injustice

Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 (22 August 2019) Hickinbottom LJ recently granted an application pursuant to rule 52.30 of the Civil Procedure Rules and allowed an Indian national’s appeal. His Lordship … Continue reading

Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Public Interest, Tier 4, Tribunals, UKSC | Tagged , , , , , , | Leave a comment