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
Judges: Burnett J Citations:  EWHC 2287 (Admin) Links: Bailii Statutes: Borders Citizenship and Immigration Act 2009 55 Jurisdiction: England and Wales Immigration, Family Updated: 15 April 2022; Ref: scu.534116
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 UK of his wife and daughter changed the circumstances requiring a fresh application. Held: … Continue reading Zoumbas v Secretary of State for The Home Department: SC 27 Nov 2013
(i) While the two fold duties enshrined in section 55 of the Borders, Citizenship and Immigration Act 2009 are imposed on the Secretary of State, the onus of making representations and providing relevant evidence relating to a child’s best interests rests on the appropriate parental figure. (ii) A failure to discharge this onus may well … Continue reading Ahmed and Others (Deprivation of Citizenship) (Pakistan): UTIAC 10 Feb 2017
(1) The duty imposed by section 55 of the Borders Citizenship and Immigration Act 2009 requires the decision-maker to be properly informed of the position of a child affected by the discharge of an immigration etc function. Thus equipped, the decision maker must conduct a careful examination of all relevant information and factors. (2) Being … Continue reading JO and Others (Section 55 Duty) Nigeria: UTIAC 1 Dec 2014
(i) There is no hierarchy of weight or importance in the various considerations recited in regulation 21(6) of the EEA Regulations. The weight to be attributed to each factor will vary according to the fact sensitive context of the individual case. (ii) Where it is contended that the decision maker and/or the First-tier Tribunal (FtT) … Continue reading Abdul (Section 55 – Article 24, Charter : Nigeria): UTIAC 13 Jan 2016
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
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
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 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 . .
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 . .
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 . .
The appellant had been detained for 26 months under immigration laws. He appealed against a finding that only 6 months of that period had been unlawful. . .
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