Category Archives: Tribunals

Fraud and revocation of ILR: Court of Appeal unlocks the door to the finality of unappealed tribunal decisions

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019) The Court of Appeal recently dismissed a Pakistani immigrant’s appeal against the refusal of his judicial review claim challenging the decision to cancel … Continue reading

Posted in Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Proportionality, Settlement, Tribunals | Tagged , , , , , , | Leave a comment

Section 117B(6) after KO (Nigeria): Presidential panel allows dishonest Turkish mother’s appeal

JG (section 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC) (15 February 2019) The Supreme Court’s decision in KO (Nigeria) [2018] UKSC 53 (discussed here) was a seminal judgment. Yet it was seen as “deeply unsatisfactory” in some … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Tribunals, Turkey, UKSC | Tagged , , , , , , , , | Leave a comment

Second human rights claim does not automatically trigger right of appeal says Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019) In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Deportation, ECHR, Human Rights, Immigration Act 2014, Immigration Rules, Public Interest, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Supreme Court allows tortured Tamil asylum-seeker’s appeal

KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10 (6 March 2019) In a recent judgment given by Lord Wilson the Supreme Court unanimously allowed KV’s appeal, remitting the matter to the UT for fresh … Continue reading

Posted in Appeals, Asylum, Medical Cases, Persecution, Refugee Convention, Sri Lanka, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal overrules Portuguese national’s deportation

Lopes v Secretary of State for the Home Department [2019] EWCA Civ 199 (26 February 2019) Sir Stephen Richards and Davis and Simon LJJ have recently overruled a Portuguese national’s deportation by holding that when determining whether the First Tier Tribunal … Continue reading

Posted in Citizens Directive, CJEU, Court of Appeal, European Union, Free Movement, Proportionality, Tribunals | Tagged , , , , , | Leave a comment

‘Standoff’ in enforcement: Once given, an oral decision stands

PAA (First-tier Tribunal: Oral decision – written reasons) [2019] UKUT 13 (IAC) (10 January 2019) Arguably, nothing is more exhilarating in tribunal proceedings than a judge allowing your client’s appeal in an oral decision by uttering “I will allow this appeal”. But … Continue reading

Posted in Appeals, Asylum, Children, Enforcement, Inherent Jurisdiction, Iraq, Judicial Review, Legitimate Expectation, Tribunals | Tagged , , , | Leave a comment

Analysis of Country Guidance on Iranian Kurds

HB (Kurds) Iran (illegal exit: failed asylum seeker) CG [2018] UKUT 430 (IAC) (12 December 2018) Finding themselves trapped as minorities in countries such as Iran, Iraq, Syria and Turkey, the Kurds are dubbed “a people without a country” and … Continue reading

Posted in Appeals, Article 10, Article 3, Asylum, ECHR, Iraq, Islam, Persecution, Refugee Convention, Tribunals, UKSC | Tagged , , , , , , | 1 Comment