Category Archives: Tribunals

‘Evidential Flexibility’ in Supreme Court

Imagine that you made a mistake in your immigration application but were later able to fix the problem because of the “evidential flexibility” policy. This issue has vexed both litigants and the courts for quite some time now. On appeal … Continue reading

Posted in Court of Appeal, Immigration Rules, India, PBS, s 19 UKBA 2007, Students, Tier 4, Tribunals | Tagged , , , | 2 Comments

President Gives Home Office Some Stick

MR (permission to appeal: Tribunal’s approach) Brazil [2015] UKUT 29 (IAC) (19 January 2015) In this case, MR, the respondent, a thirty three year old Brazilian mother, applied for a derivative residence card pursuant to the Immigration (European Economic Area) … Continue reading

Posted in Appendix FM, Asylum, Cases, Citizens Directive, CJEU, Tribunals | Tagged , | Leave a comment

Adjournments: Fairness is the Supreme Criterion

Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) As explained in the Best Practice Guide to Asylum and Human Rights Appeals, it is difficult to get adjournments in immigration cases. Most paper applications are refused. That is exactly what happened in … Continue reading

Posted in Appeals, Judges, Tier 1, Tribunals | Tagged , , | Leave a comment

Upper Tribunal Clarifies Case C-400/12 MG

MG (prison-Article 28(3)(a) of Citizens Directive) Portugal [2014] UKUT 392 (IAC) This famous case – referred to the Court of Justice of the European Union (CJEU) by the Upper Tribunal (UT) at [2012] UKUT 268 (IAC) – about the citizens’ … Continue reading

Posted in Children, Citizens Directive, CJEU, Deportation, Employment, Tribunals | Tagged , , | Leave a comment

Litany of Forensic Criticisms Unacceptable in Appeals

VHR (unmeritorious grounds) Jamaica [2014] UKUT 367 (IAC) This is an interesting decision of the Upper Tribunal (Haddon Cave J & UTJ Hanson) where it decided that appeals should not be mounted on the basis of a litany of forensic … Continue reading

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Interesting Judgment On Deporting EU Nationals

A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013) This is yet another interesting and useful judgment by His Honour Judge Anthony Thornton QC. The decision involves the Immigration (European Economic … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Tribunals | Tagged , , , , | 2 Comments

Silence of the Rules

Green (Article 8 – new rules) Jamaica [2013] UKUT 254 (IAC) (13 May 2013) The speed with which the immigration rules are changed is overwhelming. Inevitably, many things are overlooked. This is an interesting case where the Upper Tribunal (UT) … Continue reading

Posted in Article 8, Cases, Crime, Immigration Rules, Tribunals | Tagged , , | 1 Comment