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
UTIAC (1) The statutory duty to consider the matters set out in s 117B of the 2002 Act is satisfied if the Tribunal’s decision shows that it has had regard to such parts of it as are relevant. (2) An appellant can obtain no positive right to a grant of leave to remain from either … Continue reading AM (S117B): UTIAC 17 Apr 2015
Application for leave to appeal against deportation order. Lord Drummnd Young  ScotCS CSIH – 2 Bailii Borders, Citizenship and Immigration Act 2009 55 Scotland Immigration, Human Rights Updated: 28 November 2021; Ref: scu.519740
UTIAC  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
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
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
The court considered a challenge to the rules governing ‘out of country’ appeals against immigration decisions. They had in each case convictions leading to prison terms for serious drugs related offences.
Held: The appeals were allowed, and . .
The asylum applicant said that he was a child. The authority had concluded that he was an adult. . .
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .
The court was asked as to the impact of section 55 of the 2009 Act on the consideration by the Secretary of State for the Home Department of applications by children, made outside the scope of the Immigration Rules, for leave to remain in the United . .
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several . .
The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the . .
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
Burnett J  EWHC 2287 (Admin) Bailii Borders Citizenship and Immigration Act 2009 55 Immigration, Family Updated: 16 December 2021; Ref: scu.534116
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
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
(1) Under the laws of England and Wales and the law of Scotland, a failure by the Secretary of State to comply with her duties under section 55(1) or (3) of the Borders, Citizenship and Immigration Act 2009 is highly unlikely to prevent the Tribunal . .
Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights.
Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s . .
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