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

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

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

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

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

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

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 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

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

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

The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents. Held: To fulfil the requirements of Directive 90/364 all of Q, W and X had to demonstrate … Continue reading W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006

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

(i) In section 117B(1)-(5) of the Nationality, Immigration and Asylum Act 2002 parliament has made no distinction between adult and child immigrants. (ii) The factors set out at section 117B(1)-(5) apply to all, regardless of age. They are not however an exhaustive list, and all other relevant factors must also be weighed in the balance. … Continue reading Miah (Section 117B NIAA 2002 – Children): UTIAC 23 Nov 2015

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

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

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

(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

(1) Paragraph [D] of Appendix FM-SE is an example, within the context of the requirement to supply specified evidence, of the increasing influence of discretionary powers of waiver and further enquiry in the Immigration Rules. (2) Where applicants wish to invoke any discretion of this kind, they should do so when making the relevant application, … Continue reading Sultana and Others (Rules: Waiver/Further Enquiry; Discretion): UTIAC 12 Nov 2014

This case is reported for what we say about the exercise of the power to make directions to give effect to a determination, pursuant to the Immigration and Asylum Act 1999 and pursuant to the Nationality, Immigration and Asylum Act 2002 ( as amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004); … Continue reading EA (Family Visitor, Directions, Mistake of Fact, Unfairness) Ghana: IAT 1 Jun 2005

Citations: [2005] EWCA Civ 1219 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 103C Jurisdiction: England and Wales Cited by: Cited – Nadarajah v Regina CACD 16-Nov-2007 The defendant appealed against a confiscation order made following his conviction for conspiracy to supply controlled drugs. . . Lists of cited by and citing cases may … Continue reading Hamid and others v Secretary of State for the Home Department: CA 25 Oct 2005

‘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

The claimant sought a declaration that the obligation on the respondent to continue to support the child of an asylum seeker when the parent had ceased to be entitled to support, continued despite the 2002 Act. Held: The statute was quite clear. The obligation to provide support for the child under the 1999 Act continued … Continue reading B, Regina (on the Application of) v The Asylum Support Adjudicator and Another: Admn 19 Sep 2005

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

If an appellant relies upon criteria that relate to a different category of the Immigration Rules to make good his Article 8 claim from that relied upon in his application for LTR on human rights grounds or in his s.120 statement such that a new judgment falls to be made as to whether or not … Continue reading AK and IK (S85 NIAA 2002 – New Matters : Turkey): UTIAC 1 Feb 2019

1. The strength or otherwise of an underlying Article 8 case is relevant to a decision by the respondent whether to certify a case under s.94B of the Nationality, Immigration and Asylum Act 2002, in that it may disclose a case without a specific case being advanced by the applicant as to why temporary separation … Continue reading JT, Regina (on The Application of) v Secretary of State for The Home Department (S94B Niaa 2002 Certification) (IJR): UTIAC 28 Aug 2015

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 (i) Sections 117A and 117B of the Nationality, Immigration and Asylum Act 2002 are not confined to an appeal under section 84(1)(c). They apply also to appeals brought under section 84(1)(a) and (g). (ii) Section 117B(4) and (5) of the 2002 Act, which instruct Judges to attribute ‘little weight’ to the considerations specified therein, … Continue reading Deelah and Others (Section 117B – Ambit): UTIAC 30 Jul 2015

UTIAC In J v Secretary of State for the Home Department [2009] EWHC 705 (Admin), Stadlen J set out a four stage process that must be undertaken by the Secretary of State before she could certify a claim under s.96 of the Nationality, Immigration and Asylum Act 2002. The merits of any new matter raised … Continue reading Vassell, Regina (on The Application of) v Secretary of State for The Home Department (S96 Niaa 2002, Test; Merits) (IJR): UTIAC 3 Jun 2015

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

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

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

The claimants applications had been decided under a fast track procedure since ruled ultra vires. Held: The decisions remained valid. Sharp, Peter Jackson, Singh LJJ [2018] EWCA Civ 2838, [2018] WLR(D) 787 Bailii, WLRD Nationality, Immigration and Asylum Act 2002 106 England and Wales Immigration Updated: 12 November 2021; Ref: scu.631420

UTIAC 1. A decision to certify a person’s (P’s) removal under regulation 24AA of the European Economic Area Regulations 2006 operates as a temporary measure that can be applied only for so long as there is a statutory appeal which could be brought in time or which is pending. 2. Regulation 24AA is a discretionary … Continue reading Masalskas, Regina (on The Application of) v Secretary of State for The Home Department (Regulations 24Aa and 29Aa EEA Regs) (IJR): UTIAC 26 Nov 2015

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 . .

Leave to remain – Application – Reasonableness of expecting child applicant to leave United Kingdom – Proper approach to applying reasonableness test . .

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 . .

1) Under the Female Genital Mutilation Act 2003, as amended, a Female Genital Mutilation Prevention Order (‘FGMPO’) may be issued by a Family Court to protect against a domestic or extraterritorial threat of FGM.
2) Where a person (‘P’) . .

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 . .

This case raises issues regarding the application of sections 117A, B and C of the Nationality Immigration and Asylum Act 2002 (‘the 2002 Act’) in relation to serious foreign criminals. . .

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

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 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

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 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

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