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
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
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
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
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
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
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 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
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
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) 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
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
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
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
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
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 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
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
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
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
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
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
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
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
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. Held: The appeal succeeded. ‘The giving of notice of the decision to make a deportation order, the making of the deportation order, and the detention on foot … Continue reading DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department: SC 26 Feb 2020
The respondent had listed criminal offences committed by the applicants in support of his decision to have them removed and returned home. Held: The appeal was allowed. The list provided included offences which were not of the serious nature required for inclusion in such a list, and the respondent had not properly allowed for the … Continue reading EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Same: CA 26 Jun 2009
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
Judicial Review of a decision of the Secretary of State for the Home Department to certify his claim as ‘clearly unfounded’ in terms of section 94(2) of the Nationality Immigration and Asylum Act 2002 Citations: [2006] ScotCS CSOH – 78, [2006] CSOH 78 Links: Bailii Jurisdiction: Scotland Immigration Updated: 06 July 2022; Ref: scu.241820
(1) Section 117A of the Nationality, Immigration and Asylum Act 2002 requires the Upper Tribunal, in a judicial review involving Article 8(2) ECHR, to have regard to the considerations mentioned in section 117B and, where relevant, section 117C, when considering the question whether an interference with a person’s right to respect for private and family … Continue reading Khairdin, Regina (on The Application of) v Secretary of State for The Home Department (NIA 2002: Part 5A) (IJR): UTIAC 28 Nov 2014
The court gave guidance on the powers available to the Asylum and Immigration Tribunal as constituted under the 2002 Act. The powers were broadly those of the former Immigration Appeal tribunal. The Tribunal had power to admit new evidence after a demonstrated error. There is only limited scope for challenging a First-tier Tribunal’s findings of … Continue reading R (Iran) and others v Secretary of State for the Home Department: CA 27 Jul 2005
Citations: [2005] EWCA Civ 110 Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 96(2) Jurisdiction: England and Wales Administrative, immigration Updated: 29 June 2022; Ref: scu.222932
The applicant sought judicial review of the respondent’s certificate as to his asylum claim under s96(2). Held: The applicant had made a claim under human rights law. That had been rejected. He now sought to renew his application as an asylum claim, but on substantially the same facts. The respondent was free to give his … Continue reading Regina on the Application of Borak v Secretary of State for the Home Department: QBD 30 Jul 2004
Judges: Stanley Burnton J Citations: [2004] EWHC 2054 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Immigration Updated: 10 June 2022; Ref: scu.201624
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004
The meaning of ‘foreign criminal’ is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. Section 32 of the 2007 Act creates a designated class of offender that is a foreign criminal and establishes the consequences of such designation. That is, for the purposes of section 3(5)(a) of … Continue reading Zulfiqar (‘Foreign Criminal’ : British Citizen) Pakistan: UTIAC 11 Sep 2020
(i) A human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 (‘NIAA 2002’) can be determined only through the provisions of the ECHR; usually Article 8. (ii) A person whose human rights claim turns on Article 8 will not be able to advance any criticism of the Secretary of State’s … Continue reading Charles (Human Rights Appeal: Scope) Grenada: UTIAC 1 Feb 2018
Judges: Foskett J Citations: [2010] EWHC 704 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) 94(3) Jurisdiction: England and Wales Immigration Updated: 12 April 2022; Ref: scu.406635
Citations: [2003] EWHC 2369 (Admin) Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Citing: Cited – Regina (on the application of L and another) v Secretary of State for the Home Department CA 2003 The court considered the circumstances under which a certificate that an asylum claim was clearly … Continue reading Atkinson, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Oct 2003
The claimant sought to impugn a decision of the Secretary of State for the Home Department (the Secretary of State) rejecting the claimant’s fresh claim assertions and certifying the claim as ‘clearly unfounded’ pursuant to section 94(2) of the Nationality, Immigration and Asylum Act 2002. Judges: His Honour Judge Jeremy Richardson QC (Sitting as a … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2014
The claimant challenged the lawfulness of a decision of the defendant of 9 August 2013 to certify his asylum and human rights claims as clearly unfounded under section 94(2) of the 2002 Act. Judges: Gill DHCJ Citations: [2014] EWHC 3725 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales … Continue reading Khan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Nov 2014
Paragraph 353 of the Immigration Rules 1. The importance of paragraph 353 of the Immigration Rules (‘Paragraph 353’) is as a ‘gate-keeping’ function to shut out from the appeals system unmeritorious second or subsequent appeals. An appeal is generated under the current form of section 82 Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Akber, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353, Tribunal’s Role): UTIAC 27 Sep 2021
Human rights appeals (1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary … Continue reading OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019
1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite … Continue reading ES (S82 Nia 2002, Negative NRM): UTIAC 6 Sep 2018
(1) The compelling reasons proviso in article 1C(5) of the 1951 Refugee Convention, as amended, applies in the UK only to refugees under article 1A(1) of the Convention. (2) Changes in a refugee’s country of origin affecting only part of the country may, in principle, lead to cessation of refugee status, albeit it is difficult … Continue reading AMA (Article 1C(5) – Proviso – Internal Relocation): UTIAC 12 Nov 2018
Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is no pending appeal, do further submissions that rely on human rights … Continue reading Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019
UTIAC (1) Lord Neuberger’s judgment in R (ZA (Nigeria)) v Secretary of State for the Home Department [2010] EWCA Civ 926 is an authoritative pronouncement on the scope of the Supreme Court’s judgments in R (BA (Nigeria)) v Secretary of State for the Home Department [2009] UKSC 7. (2) Parliament’s actions in amending paragraph 353 … Continue reading Hussein, Regina (on The Application of) v First-Tier Tribunal (Para 353: Present Scope and Effect)(IJR): UTIAC 8 Aug 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
UTIAC 1. Notwithstanding the amendments brought about by the Immigration Act 2014 to the types of decisions appealable under s82 of the Nationality, Immigration and Asylum Act 2002, para 353 of HC395 continues to perform a gateway function in respect of access to a right of appeal. Arguments to the contrary, founded upon dicta in … Continue reading Robinson, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353 – Waqar Applied) (IJR): UTIAC 16 Feb 2016
Challenge to respondent’s decision that claimants application for asylum was clearly unfounded. His Honour Judge Gilbart QC, Honorary Recorder of Manchester, Sitting as a Deputy High Court Judge [2012] EWHC 2575 (Admin) Bailii Nationality Immigration and Asylum Act 2002 94(2) England and Wales Immigration Updated: 31 December 2021; Ref: scu.464852
Extra Division – Inner House – the respondent referred to a letter dated 20 December 2012 from the petitioner’s solicitors. In that letter, the solicitors contended that to require the petitioner to leave the United Kingdom, and thus be forced to apply for entry clearance from abroad, would breach her family and private life rights … Continue reading LWF (Ap) v Secretary of State for The Home Department: SCS 24 Sep 2014
UTIAC (1) A jurisdictional decision of the First-tier Tribunal, Immigration and Asylum Chamber, contained in a determination made after the appeal has passed the duty judge ‘screening’ stage, is appealable to the Upper Tribunal: Practice Statement 3.4; Abiyat and others (Rights of appeal) [2011] UKUT 314 (IAC). (2) Where the First-tier Tribunal has refused to … Continue reading Ved and Another (Appealable Decisions; Permission Applications; Basnet) (Tanzania): UTIAC 27 Mar 2014
Lord Stewart [2014] ScotCS CSOH – 52 Bailii Nationality, Immigration and Asylum Act 2002 96(2) Scotland, Immigration Updated: 01 December 2021; Ref: scu.522572
UTIAC (i) An appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 requires there to be an immigration decision, as there defined. Where no immigration decision has been made, the First-tier Tribunal has no jurisdiction to hear the appeal. (ii) Judges considering an appeal (or applications for permission to appeal) should ensure … Continue reading Singh (No Immigration Decision- Jurisdiction) India: UTIAC 6 Sep 2013
UTIAC 1. Appeals can be brought under section 83 of the Nationality, Immigration and Asylum Act 2002 (so called ‘upgrade’ appeals’) only on the grounds that removing the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention (see section 84(3)) or that the appellant is entitled to humanitarian protection … Continue reading ST (Child Asylum Seekers) Sri Lanka: UTIAC 25 Jun 2013
UTIAC (1) Rule 17 (withdrawal) of the Tribunal Procedure (Upper Tribunal) Rules 2008 does not enable the Upper Tribunal to withhold consent to the withdrawal by the Secretary of State of the decision against which a person appealed to the First-tier Tribunal. (2) Where such a decision is withdrawn in appellate proceedings before the Immigration … Continue reading SM (Withdrawal of Appealed Decision: Effect) (Pakistan): UTIAC 11 Feb 2014
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 deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. Held: The appeal failed. The decision was to be taken under the Rules applying at … Continue reading Odelola v Secretary of State for the Home Department: HL 20 May 2009
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Ms R had overstayed, but resisted deportation claiming a long term relationship with a man for who she cared. Her leave was continued 11 times. A Seventh Day Adventist, the care she provided was as a friend. Indefinite leave to remain was refused . .
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .
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1. A court or tribunal retains jurisdiction to deal with ‘open justice’ aspects arising from a case, after that case has concluded before it.
2. A higher court or tribunal may impose an anonymity order that has effect in respect of the . .
Section 120 of the Nationality, Immigration and Asylum Act 2002
(1) Where, in the course of a human rights appeal under section 82(2)(b) of the 2002 Act, P responds to a notice served by the Secretary of State under section 120 of that Act by . .
The court asked whether the evidence showed that the threshold of severity had been reached to turn the treatment of the applicant into an infringement of his human right not to suffer inhuman or degrading treatment. Having entered the UK with a . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index