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MK (Section 55 – Tribunal Options): UTIAC 15 Apr 2015

UTIAC (i) Where it is contended that either of the duties enshrined in section 55 of the Borders, Citizenship and Immigration Act 2009 has been breached, the onus rests on the appellant and the civil standard of the balance of probabilities applies. There is no onus on the Secretary of State. (ii) As regards the … Continue reading MK (Section 55 – Tribunal Options): UTIAC 15 Apr 2015

SHL v Secretary of State for The Home Department (Tracing Obligation/Trafficking) Afghanistan: UTIAC 16 Jun 2013

UTIAC [1] Regulation 6(1) of the Asylum Seekers (Reception Conditions) Regulations 2005 imposes on the Secretary of State a duty to endeavour to trace the members of a minor asylum applicant’s family as soon as possible following submission of the asylum claim. A failure to discharge this duty may, depending on the facts found, give … Continue reading SHL v Secretary of State for The Home Department (Tracing Obligation/Trafficking) Afghanistan: UTIAC 16 Jun 2013

Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Jan 2015

The claimant complained that the respondent when granting her a time limited leave to remain only, had by making her immigration status incompatible with that of her five children failed to comply with her obligations under the 2009 Act. The defendant had issued a supplementary decision directly addressing section 55, but the claimant said that … Continue reading Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Jan 2015

Ogundimu (Article 8 – New Rules) Nigeria: UTIAC 8 Feb 2013

UTIAC 1 The expectation is that it will be an exceptional case in which permission to appeal to the Upper Tribunal should be granted where the lodging of the application for permission is more than 28 days out of time. Where, in such a case, a judge is minded to grant permission, the preferable course … Continue reading Ogundimu (Article 8 – New Rules) Nigeria: UTIAC 8 Feb 2013

Alladin, Regina (on The Application of) v Secretary of State for The Home Department: CA 16 Oct 2014

The court was asked whether the decisions of the Secretary of State to give limited (discretionary) leave to remain as opposed to indefinite leave to remain are unlawful because they were given in breach of the Secretary of State’s duty under Section 55 of the 2009 Act. Held: Floyd LJ discussed the TS case, saying: … Continue reading Alladin, Regina (on The Application of) v Secretary of State for The Home Department: CA 16 Oct 2014

T (Entry Clearance – ( S55 BCIA 2009) Jamaica: UTIAC 16 Dec 2011

UTIAC (i) Section 55 of the Borders, Citizenship and Immigration Act 2009 does not apply to children who are outside the United Kingdom.(ii) Where there are reasons to believe that a child’s welfare may be jeopardised by exclusion from the United Kingdom, the considerations of Article 8 ECHR, the ‘exclusion undesirable’ provisions of the Immigration … Continue reading T (Entry Clearance – ( S55 BCIA 2009) Jamaica: UTIAC 16 Dec 2011

TS, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Oct 2010

The claimant had sought asylum as a child, declaring that he had not applied for asylum elsewhere. His fingerprints were matched to an applicant in Belgium. Held: Wyn Williams J construed section 55 and the statutory guidance referred to in section 55(3) as imposing upon the decision maker, the UK Borders Agency caseworker, a duty … Continue reading TS, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Oct 2010

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