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Kaur (Children’s Best Interests / Public Interest Interface): UTIAC 10 Jan 2017

UTIAC (1) The seventh of the principles in the Zoumbas code does not preclude an outcome whereby the best interests of a child must yield to the public interest. (2) This approach has not been altered by Part 5A of the Nationality, Immigration and Asylum Act 2002. (3) In the proportionality balancing exercise, the best … Continue reading Kaur (Children’s Best Interests / Public Interest Interface): UTIAC 10 Jan 2017

Buci (Part 5A: ‘Partner’ : Albania): UTIAC 27 Feb 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

Patel (Historic Injustice; NIAA Part 5A) India: UTIAC 25 Nov 2020

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

Mushtaq (S 85A, (A): Scope; Academic Progress) Pakistan: UTIAC 8 Feb 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

Khatel and Others (S85A; Effect of Continuing Application) Nepal: UTIAC 28 Jan 2013

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

Binaku (S 11 TCEA; S 117C NIAA; Para 399D): UTIAC 27 Jan 2021

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

Shahzad (S 85A: Commencement) Pakistan: UTIAC 13 Mar 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

Mumtaz (S85A Commencement Order : Adjournment Hearing) Pakistan: UTIAC 2 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

Alam (S 85A; Commencement; Art.8) Bangladesh: UTIAC 19 Oct 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

Khairdin, Regina (on The Application of) v Secretary of State for The Home Department (NIA 2002: Part 5A) (IJR): UTIAC 28 Nov 2014

(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

Zulfiqar (‘Foreign Criminal’ : British Citizen) Pakistan: UTIAC 11 Sep 2020

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

MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019

(1) If, on appeal, an issue arises as to whether the removal of a person (P) from the United Kingdom would be unlawful because P is a British citizen, the tribunal deciding the appeal must make a finding on P’s citizenship; just as the tribunal must do so where the consideration of the public interest … Continue reading MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019

Ahmed and Others (Deprivation of Citizenship) (Pakistan): UTIAC 10 Feb 2017

(i) While the two fold duties enshrined in section 55 of the Borders, Citizenship and Immigration Act 2009 are imposed on the Secretary of State, the onus of making representations and providing relevant evidence relating to a child’s best interests rests on the appropriate parental figure. (ii) A failure to discharge this onus may well … Continue reading Ahmed and Others (Deprivation of Citizenship) (Pakistan): UTIAC 10 Feb 2017

Naved (Student – Fairness – Notice of Points) Pakistan: UTIAC 13 Jan 2012

Fairness requires the Secretary of State to give an applicant an opportunity to address grounds for refusal, of which he did not know and could not have known, failing which the resulting decision may be set aside on appeal as contrary to law (without contravening the provisions of s. 85A of the Nationality, Asylum and … Continue reading Naved (Student – Fairness – Notice of Points) Pakistan: UTIAC 13 Jan 2012

Philipson (ILR – Not PBS: Evidence) India: UTIAC 6 Jan 2012

i) A decision on an application under rule 134 of the Immigration Rules for indefinite leave to remain is a not a points-based decision to which s.85A of the Nationality, Immigration and Asylum Act 2002 as amended by s.19 of the UK Borders Act 2007 applies. ii) Post decision evidence of a back-dated wage increase … Continue reading Philipson (ILR – Not PBS: Evidence) India: UTIAC 6 Jan 2012

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

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

Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020

(1) An appellant in an Article 8 human rights appeal who argues that there is no public interest in removal because after leaving the UK he or she will be granted entry clearance must, in all cases, address the relevant considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020

Ahmed and Another (PBS: Admissible Evidence): UTIAC 21 Jul 2014

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

Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 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

Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020

Meaning of ’caused serious harm’ (A) section 117D(2)(b)(ii): ’caused serious harm’ The current case law on ’caused serious harm’ for the purposes of the expression ‘foreign criminal’ in Part 5A of the 2002 Act can be summarised as follows: (1) Whether P’s offence is ‘an offence that has caused serious harm’ within section 117D(2)(c)(ii) is … Continue reading Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020

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