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

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

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

Judges: Longmore, Davis LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1436, [2013] INLR 456, [2012] WLR(D) 318, [2013] Imm AR 319, [2013] 1 WLR 1090 Links: Bailii, WLRD Statutes: Nationality, Immigration and Asylum Act 2002 92(1) 92(4)(a) Jurisdiction: England and Wales Immigration Updated: 14 June 2022; Ref: scu.465709

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

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 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

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 . .

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 . .