Category: Immigration

Cokaj (Anonymity Orders, Jurisdiction and Ambit) (Albania): UTIAC 19 Jul 2021

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 entirety of the proceedings under section 82 of the Nationality, Immigration and Asylum Act 2002; and, conversely, may discharge such an order, whether expressly or by necessary implication
[2021] UKUT 202 (IAC)
Bailii
England and Wales

Updated: 22 September 2021; Ref: scu.668135

Kakarash (Revocation of HP, Respondent’s Policy) Iraq: UTIAC 16 Aug 2021

1. When a court or tribunal is considering whether the revocation of P’s protection status breaches the UK’s obligations in relation to persons eligible for a grant of Humanitarian Protection, the first question is whether P is eligible for a grant of Humanitarian Protection.
2. P is not eligible for a grant of Humanitarian Protection if he is excluded from eligibility for any one of the reasons in paragraph 339GB(i)-(v) of the Immigration Rules (which transposed Article 17(1) of the Qualification Directive), including his commission of a serious crime or the fact that he constitutes a danger to the community or security of the UK.
3. The Secretary of State’s guidance on Humanitarian Protection (version 5, 7 March 2017) does not disclose an intention to adopt standards more favourable to P as regards exclusion from Humanitarian Protection. In particular, that guidance does not require that, in order to be excluded from Humanitarian Protection, an individual who has committed a serious crime must also represent a danger to the UK.
[2021] UKUT 236 (IAC)
Bailii
England and Wales

Updated: 22 September 2021; Ref: scu.668136

Ainte (Material Deprivation, Art 3, AM) (Zimbabwe): UTIAC 22 Jul 2021

(i) Said [2016] EWCA Civ 442 is not to be read to exclude the possibility that Article 3 ECHR could be engaged by conditions of extreme material deprivation. Factors to be considered include the location where the harm arises, and whether it results from deliberate action or omission.
(ii) In cases where the material deprivation is not intentionally caused the threshold is the modified N test set out in AM (Zimbabwe) [2020] UKSC 17. The question will be whether conditions are such that there is a real risk that the individual concerned will be exposed to intense suffering or a significant reduction in life expectancy.
(iii) The Qualification Directive continues to have direct effect following the UK withdrawal from the EU.
[2021] UKUT 203 (IAC)
Bailii
England and Wales

Updated: 22 September 2021; Ref: scu.668134