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Chau Le (Immigration Rules – De Minimis Principle) Vietnam: UTIAC 8 Apr 2016

UTIAC The de minimis principle is not engaged in the construction or application of the Immigration Rules. Properly analysed, it is a mere surrogate for the discredited ‘near miss’ or ‘sliding scale’ principle. McLoskey J P [2016] UKUT 186 (IAC) Bailii England and Wales Immigration Updated: 01 November 2021; Ref: scu.564171

MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

UTIAC 1. A decision that further submissions do not amount to a ‘fresh claim’ under para 353 of the Immigration Rules is not a decision to refuse a protection or human rights claim and so does not give rise to a right of appeal to the First-tier Tribunal under s.82 of the Nationality, Immigration and … Continue reading MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

Bossade (Ss117A-D-Interrelationship With Rules): UTIAC 16 Jul 2015

1. For courts and tribunals, the coming into force of Part 5A of the Nationality, Immigration and Asylum Act 2002 (ss.117A-D) has not altered the need for a two-stage approach to Article 8 claims. 2. Ordinarily a court or tribunal will, as a first stage, consider an appellant’s Article 8 claim by reference to the … Continue reading Bossade (Ss117A-D-Interrelationship With Rules): UTIAC 16 Jul 2015

Gulshan (Article 8 – New Rules – Correct Approach) Pakistan: UTIAC 17 Dec 2013

UTIAA On the current state of the authorities: (a) the maintenance requirements of E-LTRP.3.1-3.2 stand, although Blake J in R (on the application of MM) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin) said that they could constitute an unjustified and disproportionate interference with the ability of spouses to live together; … Continue reading Gulshan (Article 8 – New Rules – Correct Approach) Pakistan: UTIAC 17 Dec 2013

Green (Article 8 – New Rules) Jamaica: UTIAC 13 May 2013

UTIAC 1. In Nagre v SSHD [2013] EWHC 720 (Admin) the Administrative Court approved the guidance of the Upper Tribunal in Izuazu [2013] UKUT 45 (IAC) in turn endorsing the two stage approach recommended by the Upper Tribunal in MF (Article 8 – new rules) Nigeria [2012] UKUT 393 (IAC). Sales J added the proviso … Continue reading Green (Article 8 – New Rules) Jamaica: UTIAC 13 May 2013

Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

Return To UK to fight Citizenship Withdrawal The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an entitlement to … Continue reading Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

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

Immigration Law Practitioners Association, Regina (on The Application of) v Tribunal Procedure Committee and Another: Admn 15 Feb 2016

Challenge to change in rules in immigration cases as to admission of evidence not available to both parties.
Held: The application for review was refused. The change was in order to bring practice in the IAC into line with other tribunals. . .

Regina v Immigration Appeal Tribunal Ex parte Tohur Ali: CA 1988

References: [1988] 2 FLR 523, [1988] Imm AR 237, [1988] Fam Law 289 Links: Refworld Coram: May, Balcombe, Woolf LJJ The Court considered rule 50 under which ‘parent’ was defined as including – ‘an adoptive parent, where there has been a genuine transfer of parental responsibility on the ground of the original parents’ inability to … Continue reading Regina v Immigration Appeal Tribunal Ex parte Tohur Ali: CA 1988

VA192312013: AIT 3 Feb 2015

Appeal by the Secretary of State against the determination of First-tier Tribunal allowing, under the Immigration Rules, the appeal of the Appellant against the decision of the Entry Clearance Officer in Abu Dhabi to refuse entry clearance as a . .

Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK . .