UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002.(2) There is no statutory instrument under the 1971 Act dealing with the means of giving notice for … Continue reading Syed (Curtailment of Leave – Notice) India: UTIAC 4 Mar 2013
UTIAC (1) The effect of section 85A(3)(a) of the Nationality, Immigration and Asylum Act 2002 is such that Exception 2 can apply where an appeal is brought against an immigration decision of a kind specified in section 82(2)(a) or (d), whether or not the appeal includes, or is treated by section 85(1) as including, an … Continue reading Mushtaq (S 85A, (A): Scope; Academic Progress) Pakistan: UTIAC 8 Feb 2013
UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012
The court considered the relationship between section 10 of the 1999 Act, and the appeal provisions in sections 82 and 92 of the 2002 Act and the extent to which, if any, a decision under section 10 of the 1999 Act could be challenged by judicial review rather than an out-of-country appeal. Held: The court … Continue reading Secretary of State for the Home Department v Regina (on the Application of) Lim and Another: CA 25 Jul 2007
UTIAC 1. If a decision maker in the purported exercise of a discretion vested in him noted his function and what was required to be done when fulfilling it and then proceeded to reach a decision on that basis, the decision is a lawful one and the Tribunal cannot intervene in the absence of a … Continue reading Ukus (Discretion: When Reviewable) Nigeria: UTIAC 12 Sep 2012
UTIAC On its true construction, Article 2 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011 amends s85 of the Nationality, Immigration and Asylum Act 2002 and introduces s85A in the 2002 Act only in relation to applications made to the Secretary of State on or after 23 May 2011. … Continue reading Shahzad (S 85A: Commencement) Pakistan: UTIAC 13 Mar 2012
UTIAC An Immigration Judge is obliged to determine a ground of appeal brought under section 84(1)(g) of the Nationality, Immigration and Asylum Act 2002, even if the appellant raises for the first time in his grounds of appeal that he is a refugee. There is no obligation to adjourn any hearing before the First-tier Tribunal … Continue reading Haque (Adjournment for Asylum Interview) Bangladesh: UTIAC 16 Dec 2011
UTIAC (1) Where it applies, s. 85A of the Nationality, Immigration and Asylum Act 2002 precludes certain evidence from being relied on, in order to show compliance with the Immigration Rules.(2) ‘Fairness’ arguments concerning the application of the transitional provisions regarding s. 85A, in article 3 of the UK Borders Act 2007 (Commencement No. 7 … Continue reading Alam (S 85A; Commencement; Art.8) Bangladesh: UTIAC 19 Oct 2011
In each case, the respondent had refused an application for leave to remain, but had taken no prompt steps for their removal. The applicants now said that this rendered the original decision ‘not in accordance with the law’ under section 84(1)(e) of the 2002 Act. Judges: Arden, Jackson, Aikens LJJ Citations: [2011] EWCA Civ 1320, … Continue reading Sapkota and Another (Pakistan) v Secretary of State for The Home Department: CA 15 Nov 2011
UTIAC There is a right of appeal to the First-tier Tribunal under s.83 of the Nationality, Immigration and Asylum Act 2002 against a refusal of asylum triggered by a subsequent grant of more than one year’s leave to remain, even if there has been a previous unsuccessful asylum appeal.There is a right of appeal to … Continue reading Abiyat and Others (Rights of Appeal) Iran: UTIAC 20 Jul 2011
Section 87(1) of the Nationality, Immigration and Asylum Act 2002 permits the Tribunal to give a direction for the purpose of giving effect to its decision and is a broader power than paragraph 21 (5) of Schedule 4 to the Immigration and Asylum Act 1999 where the direction must be ‘necessary’ In an entry clearance … Continue reading SP (Allowed Appeal Directions) South Africa: UTIAC 17 Mar 2011
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010
The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal which said that there was no immigration decision within section … Continue reading MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010
TIAC (i) In London Borough of Harrow v Ibrahim Case C-310/08 and Maria Teixeira v London Borough of Lambeth Case C-480/08 the European Court of Justice ECJ confirmed the principle established in the Baumbast Case C-413/99 [2002] ECR I-7091, namely that in order to confer on a child a right of residence Article 12 of … Continue reading MDB and Others (Article 12, 1612/68) Italy: UTIAC 2 Jun 2010
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008
Citations: [2009] EWHC 827 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 8 Jurisdiction: England and Wales Immigration Updated: 17 July 2022; Ref: scu.341534
IAT JM v Secretary of State for the Home Department [2006] EWCA Civ 1402 has no impact on the scope of s. 83. As is clear from the relevant legislation and Immigration Rules, in an appeal under s.83 of the 2002 Act the Tribunal has no jurisdiction to consider non-asylum grounds; and, if an appeal … Continue reading AN and NN (S.83, Asylum Grounds Only) Albania: IAT 10 Dec 2007
The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18. Held: A court should be very reluctant to allow that an error in law affecting … Continue reading AA (Afghanistan) v Secretary of State for the Home Department: CA 29 Jan 2007
The claimants said that rules which allowed an appeal tribunal to proceed in their absence when they were absent through no fault of their own, were unlawful in depriving them of a fair trial. The claimants had each moved house but their former solicitors had failed to notify the court. Held: There was no general … Continue reading FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007
The Tribunal had concluded in JM (Rule 62(7); human rights unarguable) Liberia * [2006] UKAIT 00009 that a human rights claim was not justiciable on a variation of leave appeal because in such a case the appellant’s removal was not imminent, and the case was not within section 84(1)(g) which conferred the relevant jurisdiction on … Continue reading JM v Secretary of State for the Home Department: CA 4 Oct 2006
Citations: [2006] EWCA Civ 1117, [2007] INLR 195 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 82 Jurisdiction: England and Wales Cited by: Cited – MS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010 The claimant faced removal and return to Palestine, but he said that he would not be … Continue reading AK v Secretary of State for the Home Department: CA 31 Jul 2006
‘This appeal raises a short point on the proper interpretation of section 83 of the Nationality, Immigration and Asylum Act 2002’ Judges: Elias LJ Citations: [2014] EWCA Civ 50, [2015] INLR 11, [2014] 1 WLR 2766, [2014] Imm AR 745 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 83 Jurisdiction: England and Wales Immigration … Continue reading MS (Uganda) v Secretary of State for The Home Department: CA 16 Jan 2014
Appeal against a decision of the Upper Tribunal holding that a decision of the respondent refusing the appellant leave to remain in the United Kingdom was not an immigration decision within the meaning of section 82(2)(d) of the 2002 Act, leaving the appellant with no right of appeal against the first decision. Judges: Lord Justice … Continue reading Musico v Secretary of State for The Home Department: CA 28 Oct 2020
Judges: Gross, Simon, Flaux LJJ Citations: [2017] EWCA Civ 133 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 85(4) Jurisdiction: England and Wales Immigration Updated: 09 February 2022; Ref: scu.579610
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008
The claimant sought judicial review of a decision to certify his claim as not to be appealed. Holroyde J [2016] EWHC 2883 (Admin) Bailii Nationality, Immigration and Asylum Act 2002 82 96 England and Wales Immigration Updated: 25 January 2022; Ref: scu.571404
The issue in this case concerns the true meaning and ambit of the additional right of appeal specific to asylum claims which was given by section 83 of the 2002 Act. Lord Neuberger, President, Lady Hale, Deputy President, Lord Wilson, Lord Hughes, Lord Toulson [2016] UKSC 33 Bailii, Bailii Summary Nationality, Immigration and Asylum Act … Continue reading MS (Uganda) v Secretary of State for The Home Department: SC 22 Jun 2016
The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009
UTIAC Where a provision of the Rules (such as that in para 245DD(k)) provides that points will not be awarded if the decision-maker is not satisfied as to another (non-points-scoring) aspect of the Rule, the non-points-scoring aspect and the requirement for points are inextricably linked. As a result, the prohibition on new evidence in s … Continue reading Ahmed and Another (PBS: Admissible Evidence): UTIAC 21 Jul 2014
The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. Maurice Kay VP, Beatson, Briggs LJJ [2013] EWCA Civ 1609, [2013] WLR(D) 483, [2014] INLR 542, [2014] 1 WLR 2095, [2014] 2 CMLR 31 Bailii, WLRD Nationality, Immigration … Continue reading TN (Afghanistan) and Another v Secretary of State for The Home Department: CA 12 Dec 2013
UTIAC (1) Neither section 85A of the Nationality, Immigration and Asylum Act 2002 nor the guidance in DR (Morocco)* [2005] UKAIT 38 regarding a previous version of section 85(5) of that Act has any bearing on an appeal under the Immigration (European Economic Area) Regulations 2006. In such an appeal, a tribunal has power to … Continue reading Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 2013
The court was asked whether under the 2002 Act it is possible to challenge by way of appeal to the AIT an immigration decision under section 82(2)(h) to remove an illegal entrant, where the ground of appeal is an allegation that removal directions for the proposed country of return could not lawfully be made pursuant … Continue reading MS (Palestinian Territories) v Secretary of State for the Home Department: CA 23 Jan 2009
UTIAC A person under the Nationality, Immigration and Asylum Act 2002 who has under the statute, only a restricted right of appeal, has, by reason of the Immigration (Notices) Regulations 2003, a right of appeal that is unrestricted as to time.Where an appeal can only be brought on restricted grounds because of section 88 of … Continue reading CHH (Notices Regulations – Right of Appeal – Leave To Remain) Jamaica: UTIAC 28 Mar 2011
The appellants complained that the provision which required that on hearing an appeal against refusal of an entry clearance the officer or tribunal could only consider the circumstances applying at the date of the application, infringed his human rights. They sought to come here to live with a cousin. Held: The appeals failed. The procedure … Continue reading AS (Somalia) and Another v Secretary Of State for the Home Department: HL 17 Jun 2009
The court was asked whether the right of appeal against the Home Office’s refusal to revoke a deportation order was exercisable from within the United Kingdom.
Held: The appeals succeeded. It was. The case presented by the Secretary of State . .
Citations: [2020] EWCA Civ 717 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 117D(2)(c)(ii) Jurisdiction: England and Wales Immigration Updated: 05 December 2022; Ref: scu.651198
Application for judicial review of a decision by the Secretary of State for the Home Department to refuse the claimant’s asylum and human rights claims and to certify those claims for the purposes of section 94 of The Nationality Immigration and Asylum Act 2002. Citations: [2003] EWHC 2045 (Admin) Links: Bailii Statutes: Nationality Immigration and … Continue reading Brown, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 Aug 2003
Where a person brings an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 and is then given leave to remain in the United Kingdom, the effect of section 104(4A) is to cause the appeal to be treated as abandoned (subject to section 104(4B)), whether or not the appeal was pending on … Continue reading Aziz (NIAA 2002 S 104(4A): Abandonment : Pakistan): UTIAC 14 Feb 2020
(1) Section 104(2) of the Nationality, Immigration and Asylum Act 2002 contains an exhaustive list of the circumstances in which an appeal under section 82(1) is not finally determined. (2) Although section 104(2) is describing situations in which an appeal is not to be regarded as finally determined, the corollary is that, where none of … Continue reading Niaz (Niaa 2002 S 104: Pending Appeal) Pakistan: UTIAC 25 Nov 2019
Application for judicial review of the Respondent’s decision dated 2 June 2014 to refuse the applicant’s claim for asylum and to certify the claim under Section 94 of the Nationality, Immigration and Asylum Act 2002 and following removal directions set on 11 June 2014 for the applicant’s removal. Citations: [2015] UKUT 76 (IAC) Links: Bailii … Continue reading Odedra, Regina (on The Application of) v Secretary of State for The Home Department (Ijr): UTIAC 30 Jan 2015
(1) The Secretary of State’s assessment of whether a claim by C constitutes a human rights claim, as defined by section 113 of the Nationality, Immigration and Asylum Act 2002, is not legally determinative. The Secretary of State’s Guidance is, however, broadly compatible with what the High Court in R (Alighanbari) v Secretary of State … Continue reading MY (Refusal of Human Rights Claim : Pakistan): UTIAC 27 Feb 2020
To bring a case within Exception 2 in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, the ‘unduly harsh’ test will not be satisfied, in a case where a child has two parents, by either or both of the following, without more: (i) evidence of the particular importance of one parent in the lives … Continue reading Imran (Section 117C, Children, Unduly Harsh : Pakistan): UTIAC 11 Feb 2020
i. Under the 2000 and 2006 EEA Regulations there was provision for appeals brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002 to be treated as abandoned where an appellant was issued with documentation confirming a right to reside in the United Kingdom under EU law. Following the changes to the 2002 … Continue reading Ammari (EEA Appeals – Abandonment) Tunisia: UTIAC 2 Mar 2020
(1) The word ‘partner’ is not defined in Part 5A of the Nationality, Immigration and Asylum Act 2002. The definition of ‘partner’ in GEN 1.2 of Appendix FM to the Immigration Rules does not govern the way in which ‘partner’ is to be interpreted in Part 5A. (2) A person who satisfies the definition in … Continue reading Buci (Part 5A: ‘Partner’ : Albania): UTIAC 27 Feb 2020
(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, would be a violation of that right. … Continue reading Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020
The applicant had sought judicial review, but before it was heard, and by a listing error, the statutory review went ahead. She now sought leave to continue the judicial review notwithstanding the final decision against her. Held: The error if uncorrected would cause injustice. The court had power to hear the application for judicial review … Continue reading AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal and Another: CA 20 Feb 2008
Judges: Lord Bannatyne Citations: [2014] ScotCS CSOH – 8 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: Scotland Immigration Updated: 20 November 2022; Ref: scu.520758
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was captured and became a prisoner of war of the Japanese. He accepted that he … Continue reading Mohammed, Regina (on the Application of) v Secretary of State for Defence: CA 1 May 2007
A. Historic injustice (1) For the future, the expression ‘historic injustice’, as used in the immigration context, should be reserved for cases such as those concerning certain British Overseas citizens or families of Gurkha ex-servicemen, which involve a belated recognition by the United Kingdom government that a particular class of persons was wrongly treated, in … Continue reading Patel (Historic Injustice; NIAA Part 5A) India: UTIAC 25 Nov 2020
UTIAC (1) An application for further leave to remain is to be treated as a continuing application, starting with the date when it was first submitted and ending on the date when it is decided: AQ (Pakistan) v SSHD [2011] EWCA Civ 833.(2) It follows that an appellant is not precluded by section 85(5) of … Continue reading Khatel and Others (S85A; Effect of Continuing Application) Nepal: UTIAC 28 Jan 2013
Citations: [2006] EWHC 1208 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 93(2)(b) Jurisdiction: England and Wales Immigration, Human Rights Updated: 12 November 2022; Ref: scu.242206
The several applicants challenged the implementation of the section, which required an asylum seeker to make his application at the very first opportunity on arriving in the UK, and denied all benefit and support to those who did not do so. A form was completed by the officer, and followed strictly. They complained that the … Continue reading Regina (Q) v Secretary of State for the Home Department; Regina (D) v Same; Regina (J) v Same etc: Admn 19 Feb 2003
UTIAC The right of appeal under s.83 of the Nationality, Immigration and Asylum Act 2002 arises only if the relevant grant of leave postdates the asylum claim. Judges: Ockleton VP Citations: [2012] UKUT 365 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 09 November 2022; Ref: scu.466461
UTIAC When a removal decision purportedly under s 47 of the Immigration, Asylum and Nationality Act 2006 is made concurrently with a decision refusing further leave:(i) the s 47 decision is unlawful, but(ii) the decision refusing leave is a separate decision, that(iii) requires determination;(iv) s 85(1) of the Nationality, Immigration and Asylum Act 2002 brings … Continue reading Adamally and Jaferi (Section 47 Removal Decisions: Tribunal Procedures) Sri Lanka: UTIAC 15 Nov 2012
UTIAC (1) In a PBS case the exception set out in section 85A(3) and (4) of the Nationality, Immigration and Asylum Act 2002 precludes a section 120 statement from being used in order to adduce evidence of compliance with a different requirement of the PBS.(2) What is said in AQ (Pakistan) [2011] EWCA Civ 833 … Continue reading Ali (S120 – PBS) Pakistan: UTIAC 19 Oct 2012
The applicant sought judicial review of the respondent’s certification under s94 that his cliam for asylum was hopeless. He said that he had acted as an informer against criminal gangs in Jamaica, and that the state of Jamacia could not provide him effective protection if he was returned. Held: Where a stste, though doing its … Continue reading Atkinson v Secretary of State for the Home Department: CA 5 Jul 2004
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003
The procedural issue: appeals under section 11 of the TCEA 2007 (1) The appellate regime established by the Nationality, Immigration and Asylum Act 2002, as amended, is concerned with outcomes comprising the determination of available grounds of appeal; (2) A party who has achieved the exact outcome(s) sought by way of an appeal to the … Continue reading Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021
The claimant, a citizen of Jamaica, came to the UK in 2010 on a visitor’s visa with leave to remain for one month. He then applied for asylum on the ground that he is a Jamaican homosexual and feared persecution if returned to Jamaica. He was detained under section 62 of the Act pending a … Continue reading Brown, Regina (on The Application of) v Secretary of State for Home Department: Admn 28 May 2012
The claimant appealed refusal of judicial review of the respondent’s decision to remove him to Nigeria. Held: The appeal was refused. The court said that in future the lodging of a notice of appeal should automatically stay any process of removal pending the appeal. This informal practice had been subject of considerable abuse, with spurious … Continue reading Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004
Whether, in restricting the statutory right of appeal against an adverse asylum decision to individuals given discretionary leave to remain in the United Kingdom for more than twelve months, section 83 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) is incompatible with European Union law, in particular the requirement for an effective … Continue reading S, Regina (on The Application of) v First-Tier Tribunal: Admn 4 Jul 2012
Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002 against a decision of the Asylum and Immigration Tribunal Judges: Lord Osborne Citations: [2009] ScotCS CSIH – 38 Links: Bailii Jurisdiction: Scotland Immigration Updated: 23 October 2022; Ref: scu.342971
The court emphasised the limited nature of the IAT’s jurisdiction under the 2002 Act, which is now restricted to considering points of law only: ‘Since the IAT now has jurisdiction to determine only points of law, it cannot put itself in the position of the lower court and decide the whole of the case as … Continue reading Miftari v Secretary of State for the Home Department: CA 18 May 2005
The court considered its freedom to depart from an earlier decision of the Court of Appeal Judges: Arden, Longmore, Lewison LJJ Citations: [2018] EWCA Civ 273, [2018] 3 WLR 490, [2018] 3 All ER 772, [2019] QB 71, [2018] WLR(D) 114 Links: Bailii, WLRD Statutes: Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious … Continue reading DN (Rwanda) v The Secretary of State for The Home Department: CA 22 Feb 2018
Where: (a) an individual who is in the United Kingdom makes an application for indefinite leave to remain which is to be treated as a human rights claim within the meaning of s. 113 of the 2002; and (b) the Secretary of State decides not to grant indefinite leave to remain but grants the individual … Continue reading Mujahid, Regina (on The Application of) v First Tier Tribunal (Immigration and Asylum Chamber): CA 31 Mar 2021
The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name … Continue reading A v The Secretary of State for The Home Department: SCS 17 May 2013
UTIAC An individual who is the subject of a deportation order must apply for revocation of the order before making an application for entry clearance if he/she is not to be subject to a mandatory refusal under paragraph 320(2). He/she is not able to raise revocation in the grounds of appeal and rely on sectio … Continue reading Latif (S 120 – Revocation of Deportation Order) Pakistan: UTIAC 13 Mar 2012
UTIAC The effect of section 88A of the Nationality, Immigration and Asylum Act 2002 and the Immigration, Asylum and Nationality Act 2006 (Commencement No.8 and Transitional and Saving Provisions) Order 2008 is that a person refused entry clearance as a Tier 2 Migrant has a right of appeal limited to race discrimination and human rights … Continue reading Abisoye (Entry Clearance Appeal – Tier 2) Nigeria: UTIAC 13 Mar 2012
The claimant sought judicial review of the refusal to reinstate his indefinite leave to remain after successfully appealing against a deportation order. Held: The claim failed. Bidder QC J said: ‘the wording of section 5 is tolerably clear and the other statutory or regulatory provisions touching on the question of deportation and revocation strongly suggest … Continue reading George v Secretary of State for The Home Department: Admn 9 Dec 2011
UTIAC The transitional provision in article 3 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011, concerning the commencement of s. 85A of the Nationality, Immigration and Asylum Act 2002 (Matters to be considered: new evidence: exceptions), adopts an unusual approach, in making the applicability of that section turn on … Continue reading Mumtaz (S85A Commencement Order : Adjournment Hearing) Pakistan: UTIAC 2 Dec 2011
The court considered whether it was safe to return the applicant to Italy, and said: ‘a system which will, if it operates as it usually does, provide the required standard protection for the asylum seeker will not be found to be deficient because of aberrations.’ Judges: Kenneth Parker J Citations: [2011] EWHC 3012 (Admin) Links: … Continue reading EM, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Nov 2011
(1) In determining whether, in the case of a person removed from the United Kingdom pursuant to a certificate under section 94B of the Nationality, Immigration and Asylum Act 2002, there has been a breach of Article 8 ECHR in its procedural or substantive form, the actions of the Secretary of State do not necessarily … Continue reading Watson, Regina (on The Application of) v Secretary of State for The Home Department (S 94B Process, S 25 Powers): UTIAC 5 May 2022
UTIAC 1. The First-tier Tribunal (Immigration and Asylum Chamber) is required to apply of its own motion the statutory presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 to the effect that Art 33(2) of the Refugee Convention will not prevent refoulement of a refugee where the factual underpinning for the application of … Continue reading Mugwagwa (S.72 – Applying Statutory Presumptions) Zimbabwe: UTIAC 20 Jul 2011
The claimant appealed against a decision of the Upper Tribunal (Immigration and Asylum Chamber) dismissed his appeal against a decision of an Immigration Judge in turn dismissing his appeal under section 82 of the 2002 Act against the decision of the Home Secretary refusing to vary leave to remain in the United Kingdom pursuant to … Continue reading AQ (Pakistan) v Secretary of State for The Home Department: CA 20 Jul 2011
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
UTIAC LAW(A) There is nothing in MS (Palestinian Territories) [2010] UKSC 25 that overrules the judgments in MA (Ethiopia) [2009] EWCA Civ 289. Where a claim to recognition as a refugee depends on whether a person is being arbitrarily denied the right of return to a country as one of its nationals, that issue must … Continue reading ST (Ethnic Eritrean – Nationality – Return) Ethiopia CG: UTIAC 1 Jul 2011
What powers do local authorities now have to provide accommodation for an adult who, not being an asylum-seeker, is unlawfully present in the United Kingdom and who is caring for a child? Judges: Wilson J Citations: [2003] EWHC 1388 (Admin), [2003] HLR 73, [2003] 2 FLR 903, [2003] Fam Law 729, [2004] ACD 8 Links: … Continue reading M, Regina (on the Application Of) v Islington and Another: Admn 5 Jun 2003
Judges: Underhill VP CA, Phillips LJJ, Sir Stephen Irwin Citations: [2021] EWCA Civ 113, [2021] WLR(D) 81 Links: Bailii, WLRD, Judiciary Statutes: Nationality Immigration and Asylum Act 2002 Jurisdiction: England and Wales Immigration, Human Rights Updated: 07 September 2022; Ref: scu.657786
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original determination which vitiated all findings of fact made … Continue reading Swash v Secretary of State for the Home Department: CA 26 Jul 2006
The court was asked as to the entitlement of the claimants to appeal against the rejection of their asylum claims under section 83. Judges: Beatson J Citations: [2011] EWHC 627 (Admin) Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 83 Jurisdiction: England and Wales Immigration Updated: 04 September 2022; Ref: scu.430743
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The appellant, a Gambian national sought review of two decisions of the Secretary of State as to first her decision to designate as safe, Gambia, in respect of men only, in the list of countries in section 94(4) of the 2002 Act, and second as to her related decision to certify the Appellant’s case as … Continue reading MD (Gambia), Regina (on The Application of) v Secretary of State for The Home Department: CA 17 Feb 2011
The claimant had had his asylum application and appeals rejected. His benefits were stopped. He submitted fresh matters to the respondent. Held: The respondent was given responsibility by statute to decide fairly whether the new matters reported to him were represnetations about the claim or amounted to a fresh claim. That responsibility had to be … Continue reading Regina (Nigatu) v Secretary of State for the Home Department: QBD 9 Jul 2004
Citations: [2007] EWCA Civ 1164 Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 103(A) Jurisdiction: England and Wales Immigration Updated: 01 September 2022; Ref: scu.261366
Appeal against order for the deportation of the applicant to Iraq. Judges: Pill, Jackson, Patten LJJ Citations: [2010] EWCA Civ 1322 Links: Bailii Statutes: European Convention on Human Rights, Nationality Immigration and Asylum Act 2002, Immigration Act 1971 Jurisdiction: England and Wales Immigration, Human Rights Updated: 28 August 2022; Ref: scu.426703
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003
Judges: Anthony Edwards-Stuart QC Citations: [2008] EWHC 2955 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Children, Immigration, Human Rights Updated: 22 August 2022; Ref: scu.278333
Both claimants applied to the defendant Secretary of State to have deportation orders made against them revoked on asylum or human rights grounds. These applications were rejected. Both had previously made asylum or human rights claims that were the subject of adverse determinations and unsuccessful appeals before the deportation orders were signed. Both claimed a … Continue reading Etame v Secretary of State for the Home Department and Another; Anirah v Same: Admn 23 May 2008
(1) In the light of Kiarie and Byndloss v Secretary of State for the Home Department [2017] UKSC 42, the First-tier Tribunal should adopt a step-by-step approach, in order to determine whether an appeal certified under section 94B of the Nationality, Immigration and Asylum Act 2002 can be determined without the appellant being physically present … Continue reading AJ (S 94B: Kiarie and Byndloss Questions) Nigeria: UTIAC 28 Feb 2018
(1) Key features of ss.117A-117D of the Nationality, Immigration and Asylum Act 2002 include the following: (a) judges are required statutorily to take into account a number of enumerated considerations. Sections 117A-117D are not, therefore, an a la carte menu of considerations that it is at the discretion of the judge to apply or not … Continue reading Dube (Ss117A-117D): UTIAC 24 Feb 2015
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
An appeal to the FTT covers not only any ground before the Secretary of State when she made the decision under appeal but also any grounds raised in response to a one-stop notice issued under section 120 of the 2002 Act, even if they had not been the subject of any decision by the Secretary … Continue reading AS (Afghanistan) v Secretary of State for the Home Department: CA 20 Oct 2009
Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014
The claimant, an illegal immigrant challenged the refusal of the respondent Council to provide support to her children under the 1989 Act. Judges: Robin Purchas QC Citations: [2013] EWHC 43 (Admin), [2013] 1 WLR 1163, [2013] 2 FCR 319, [2013] BLGR 363, [2013] WLR(D) 60, (2013) 16 CCL Rep 63 Links: Bailii, WLRD Statutes: Children … Continue reading KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013
Application for judicial review of a decision made by the Secretary of State for the Home Department on 15 June 2006 to certify the Claimant’s asylum and human rights claims under Section 96 of the 2002 Act on the grounds that they relied on matters which could have been raised in the Claimant’s appeal against … Continue reading J, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 2 Apr 2009
The court was asked whether section 78(1) of the 2002 Act prevents the Secretary of State from setting directions for removal of an applicant who has applied for an extension of time to appeal an adverse immigration decision. Judges: Pitchford J Citations: [2009] EWHC 153 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 … Continue reading Kagabo v Secretary of State for the Home Department: Admn 12 Feb 2009
Application for permission to appeal against a determination of the Asylum and Immigration Tribunal Judges: Lord Kingarth, Lord Carloway, Lord Marnoch Citations: [2008] ScotCS CSIH – 59, [2008] CSIH 59 Links: Bailii Statutes: Nationality, Immigration & Asylum Act 2002 103(B) Cited by: Leave – A v The Secretary of State for The Home Department SCS … Continue reading A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002: SCS 18 Nov 2008
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
Judges: Silber J Citations: [2012] EWHC 3370 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Immigration Updated: 17 July 2022; Ref: scu.466303
When considering an appeal against the refusal of entry clearance, the court must consider only the circumstances as applied at the date of the refusal. Citations: [2008] EWCA Civ 149, Times 14-Apr-2008 Links: Bailii Statutes: Nationality, Asylum and Immigration Act 2002 82(1) Jurisdiction: England and Wales Cited by: Cited – MK (Somalia) and others v … Continue reading AS (Somalia) and Another v Entry Clearance Officer, Addis Ababa and Another: CA 29 Feb 2008