(1) A decision by the First-tier Tribunal not to decide a ground of appeal constitutes a ‘decision’ for the purposes of s.11(1) of the Tribunals, Courts and Enforcement Act 2007. It may therefore be appealed to the Upper Tribunal. (2) If an appellant’s appeal before the First-tier Tribunal succeeds on some grounds and fails on … Continue reading Smith (Appealable Decisions; PTA Requirements; Anonymity : Belgium): UTIAC 28 Jun 2019

(1) There is nothing in the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 that prevents the First-tier Tribunal from refusing to admit an application for permission to appeal to the Upper Tribunal, where the application is made outside the relevant time limit and the First-tier Tribunal does not extend time. (2) The … Continue reading Bhavsar (Late Application for PTA: Procedure : South Africa): UTIAC 12 Apr 2019

(i) Part 4 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 contains a ‘toolkit’ of powers, the proper use of which saves time and expense and furthers the overriding objective. (ii) A judge of the FtT who is minded to grant permission to appeal on the basis of a seemingly obvious … Continue reading MH (Review; Slip Rule; Church Witnesses) Iran: UTIAC 11 Mar 2020

(1) In an immigration appeal, the Secretary of State’s duty of disclosure is not knowingly to mislead: CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59, citing R v SSHD ex parte Kerrouche No 1 [1997] Imm AR 610. (2) The Upper Tribunal was wrong to hold in Miah (interviewer’s comments; disclosure; fairness) [2014] … Continue reading Nimo (Appeals: Duty of Disclosure : Ghana): UTIAC 27 Feb 2020

(1) Under rule 17(1) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, the decision whether to withdraw an appeal is for the appellant; (2) That decision does not require judicial approval, in order for it to be effective; (3) If an issue arises as to whether a withdrawal was, in fact, … Continue reading Anwar (Rule 17 : Withdrawal of Appeal) Pakistan: UTIAC 5 Mar 2019

(1) Where P is the respondent to the Secretary of State’s appeal in the Upper Tribunal against the decision of the First-tier Tribunal to allow P’s appeal, P cannot give notice under rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 so as to withdraw his appeal, since P has no appeal in the … Continue reading Ahmed (Rule 17; PTA; Family Court Materials) Pakistan: UTIAC 16 Oct 2019

[1] Rule 9 of the 2014 Rules operates in conjunction with section 29 of the Tribunals, Courts and Enforcement Act 2007. [2] The only powers to award fees or costs available to the First-tier Tribunal (the ‘FtT’) are those contained in Rule 9 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 … Continue reading Cancino (Costs – First-Tier Tribunal – New Powers): UTIAC 28 Jan 2015

(1) Rule 31 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and rule 42 of the Tribunal Procedure (Upper Tribunal) Rules 2008 may each be employed in order to correct an error in a decision granting or refusing permission to appeal to the Upper Tribunal. In cases of obvious error, the … Continue reading Ali (Permission Decisions: Errors; Slip Rule) Pakistan: UTIAC 9 Jul 2020