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
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
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 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
‘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 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 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
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
(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
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 (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 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 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
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 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
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
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
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
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
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
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
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 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
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
The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008
Mitting J said: ‘The question which I have to consider is whether on the assumed facts I have recited the claimant cannot, on any view, succeed or her claim is so wholly lacking in substance that it is bound to fail.’ and ‘I have found this a far from easy question to answer. This case, … Continue reading Sinnarasa, Regina (on the Application of) v Secretary of State for the Home Department: Admn 19 May 2005
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
Citations: [2003] EWHC 2063 (Admin) Links: Bailii Statutes: Nationality and Asylum Act 2002 94(3) Jurisdiction: England and Wales Immigration Updated: 08 June 2022; Ref: scu.185813
Bail conditions only after detention B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration … Continue reading B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
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
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
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
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
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not rational. Held: The appeal failed. Homosexual, bisexual and transsexual people in Jamaica were at risk … Continue reading Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department: SC 4 Mar 2015
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
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. The AIT had found that it would not be unreasonable for them to … Continue reading Secretary of State for the Home Department v AH (Sudan) and others: HL 14 Nov 2007
The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought asylum, saying that she had fled Palestine after taking legal action against the president of … Continue reading Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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 . .
The appellants had been refused refugee status on the ground that they were suspected of having been guilty of terrorist acts. They said that the definition of terrorism applied within the UK was wider than that in the Convention which contained the . .
The court considered a challenge to the rules governing ‘out of country’ appeals against immigration decisions. They had in each case convictions leading to prison terms for serious drugs related offences.
Held: The appeals were allowed, and . .
AIT The presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 that in the circumstances specified a person has been convicted by a final judgment of a ‘particularly serious crime’ for the . .
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