Tag Archives: Tribunals

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal: Upper Tribunal must not speculate on facts

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)  Mr Lowe, a Jamaican national, appealed a decision of the UT to reverse the FTT’s decision to allow his appeal against the refusal … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Jamaica, Public Interest, Tribunals | Tagged , , , , , | Leave a comment

Procedural fairness fails entrepreneur in Court of Appeal

R (Taj) v The Secretary of State for the Home Department [2021] EWCA Civ 19 (20 January 2021)  Genuineness of intention is a key part of obtaining a visa to the UK. This appeal related to the closed (in March 2019) Tier … Continue reading

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

Upper Tribunal: ‘Historic injustice’ v ‘historical injustice’

Patel (historic injustice: NIAA Part 5A) India [2020] UKUT 351 (IAC) (25 November 2020)  The Upper Tribunal (Lane J and UTJ Norton-Taylor) has imparted guidance explaining the difference between “historic injustice” and “historical injustice” and it also gave guidance on … Continue reading

Posted in Appeals, Article 8, British Overseas Citizens, ECHR, Gurkhas, Historic Injustice, Historical injustice, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , | Leave a comment

Court of Appeal upholds Algeria country guidance for gay men

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)  Lewis, Peter Jackson and Asplin LJJ have dismissed the appeal of Mr YD who alleged that the country guidance in OO (Gay men) … Continue reading

Posted in Algeria, Asylum, Court of Appeal, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Pakistani criminal who renounced British citizenship loses deportation appeal

Zulfiqar (‘Foreign criminal’: British citizen) [2020] UKUT 312 (IAC) (11 September 2020)  The Upper Tribunal has found that the meaning of “foreign criminal” is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. … Continue reading

Posted in Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Deportation, Immigration Act 2014, Immigration Rules, Nationality, Nikah, Pakistan, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases

AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020)  The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading

Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Home Office loses appeal in Ugandan LGBT asylum case

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)  The Court of Appeal has dismissed the SSHD’s appeal against Lewis J’s decision in PN v SSHD [2019] … Continue reading

Posted in Access to Justice, Article 3, Asylum, Court of Appeal, ECHR, Human Trafficking, Judicial Review, Law Society, Persecution, Refugee Convention, Removals, Tribunals, UKSC, Yarl's Wood IRC | Tagged , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Passports: Foreign law must be proved by expert evidence

Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC)  CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading

Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Court of Appeal refuses to reopen paragraph 322(5) appeal

R (Akram) v Secretary of State for the Home Department [2020] EWCA Civ 1072 (12 August 2020) The Court of Appeal has refused to reopen the appeal of a Pakistani Tier 1 (General) Migrant who had been refused indefinite leave … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals | Tagged , , , , , , | Leave a comment

Tribunal’s guidance on paragraph 322(5) and accountants

Ashfaq (Balajigari: appeals) [2020] UKUT 226 (IAC) (17 June 2020)  In relation to paragraph 322(5), Ockelton VP has found that (i) if the SSHD’s decision of the carries a right of appeal, the availability of the appeal process corrects the defects … Continue reading

Posted in Appeals, Article 8, ECHR, False Statements and Misrepresentations, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals | Tagged , , , , , , , , | Leave a comment

Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national

R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020)  The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading

Posted in Access to Justice, Children, Court of Appeal, Deportation, ECHR, European Union, Free Movement, Judicial Review, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment