Tag Archives: Appeals

Court of Appeal: UT should normally re-make decision instead of remitting case to FTT

Posted on January 7, 2023 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022) In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal … Continue reading →

Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Fairness, Nigeria, Public Interest, Tribunals, UKBA 2007, UKSC | Tagged , , , , , , , , | Leave a comment

Grounds contained in application for permission are grounds of appeal to UT even if permission is granted on limited grounds

Posted on June 18, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

EH (PTA: limited grounds; Cart JR) Bangladesh [2021] UKUT 117 (IAC)(28 April 2021)  Lane J (President) and Mr Ockelton (Vice President) have determined that the effect of rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008 is that in … Continue reading →

Posted in Appeals, Article 2, Asylum, Conversion, CPR, Deportation, ECHR, Judicial Review, Tribunals | Tagged , , , , | Leave a comment

“Poorly drafted” Immigration Rules: Court of Appeal reluctantly approves “objectionable” investor visa scheme

Posted on May 25, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679 (11 May 2021)  In relation to an applicant for leave to remain as a Tier 1 (Investor) Migrant under the points-based system (PBS) required … Continue reading →

Posted in Appeals, Court of Appeal, Immigration Rules, Investors, Judicial Review, PBS, Tier 1 | Tagged , , , , | Leave a comment

Immigration Act 2014: New Appeals Regime Rolled Out

Posted on March 12, 2015 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Further implementation of the abolition of appeal rights under the Immigration Act 2014 (“the Act”) arrived earlier this month in the form of the Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015 (“the Order”). … Continue reading →

Posted in Appeals, Article 8, Immigration Act 2014, Immigration Rules, PBS | Tagged , , | 20 Comments

Third bite at the cherry?: uphill and downhill in second appeals

Posted on March 24, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

JD (Congo) & Ors v Secretary of State for the Home Department & Anor [2012] EWCA Civ 327 (16 March 2012)  Appeals are hugely important but they cost a lot. Thus, in general litigation, the rich can pursue appeals easily … Continue reading →

Posted in Appeals, Court of Appeal, Tribunals, UKSC | Tagged , , , , | 1 Comment