i) It is for a claimant to establish that the requirements of the Immigration Rules are met or that an immigration decision would be an interference with established family life. In both cases, the relevant standard for establishing the facts is the balance of probabilities. ii) Post decision visits by a sponsor to his spouse … Continue reading Naz (Subsisting Marriage – Standard of Proof) Pakistan: UTIAC 16 Jan 2012

UTIAC The requirement of a connection between employer and employee in paragraph 159A(ii) of the Immigration Rules, when it applies, is a requirement of a connection going beyond that of employment. Judges: Ockleton VP, Macleman SIJ Citations: [2011] UKUT 482 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 04 October 2022; Ref: scu.450088

UTIAC 1. The Immigration Rules make no provision for the admission of fiance(e)s of refugees who are in the United Kingdom with limited leave. In FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC), the Upper Tribunal found that the spouse of a refugee with limited leave was in an unjustifiably worse position than the spouses … Continue reading Aswatte (Fiance (E)S of Refugees) Sri Lanka: UTIAC 2 Dec 2011

UTIAC The significance of Chikwamba v SSHD [2008] UKHL 40 is to make it plain that, in appeals where the only matter weighing on the respondent’s side of an Article 8 proportionality balance is the public policy of requiring an application to be made under the immigration rules from abroad, that legitimate objective will usually … Continue reading Hayat (Nature of Chikwamba Principle) Pakistan: UTIAC 22 Nov 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

The governing principle laid down by Pankina as understood and applied in subsequent cases was that a substantive or material change to the content of the Immigration Rules must be made by way of amending rules which must be laid before Parliament, and that it was not permissible to cross-refer to the possibility of further … Continue reading Ahmed, Regina (on The Application of) v Secretary of State for The Home Department: Admn 2 Nov 2011

UTIAC For the purposes of paragraph 352D of the Immigration Rules, an adopted child can include a de facto adoption under paragraph 309A but a parent who is a refugee will normally not be able to meet the residence and care requirements of paragraph 309A. Judges: Gill SIJ Citations: [2011] UKUT 378 (IAC) Links: Bailii … Continue reading Mohamoud (Paras 352D and 309A – De Facto Adoption) Ethiopia: UTIAC 27 Sep 2011

UTIAC (Re-Using Same Case: New Rules) India (1) In the fast-changing world of the points-based system, it is important (a) to ascertain the precise basis on which an application has been refused; (b) to identify the relevant provisions of the Immigration Rules; and (c) to check the relevant commencement provisions.(2) Thus, where an applicant had … Continue reading Bhanushali v Secretary of State for the Home Department: UTIAC 5 Oct 2011

UTIAC 1) Article 32 of the Refugee Convention applies only to a refugee who has been granted leave to enter and to stay in the United Kingdom in accordance with para 334 of the Immigration Rules: Secretary of State for the Home Department v ST (Eritrea) [2010] EWCA Civ 643 applied. 2) As Article 1A(2) … Continue reading RR (Refugee-Safe Third Country) Syria: UTIAC 13 Nov 2010

UTIAC Judicial decision-makers should be careful to identify and reject arguments based on an alleged near-miss, which, on proper analysis, are an attempt to import extraneous qualifications into the immigration rules. The Article 8 proportionality balancing exercise is unlikely to be properly conducted if the judge has, in effect, substituted his or her own view … Continue reading MM and SA (Pankina:Near Miss) Pakistan: UTIAC 26 Jan 2011

UTIAC Paragraph 134 of the Immigration Rules provides for indefinite leave to be granted to a work permit holder who has spent ‘a continuous period of 5 years lawfully in the UK’ in that capacity. Unlike the ‘long residence rule’ at paras 276A-D, no definition of this requirement is given in HC 395, and there … Continue reading BD (Work Permit – Continous Period) Nigeria: UTIAC 21 Oct 2010

UTIAC In order to have made false representations or submitted false documents so as to attract a mandatory refusal under Part 9 of the Immigration Rules, an applicant must have deliberately practised ‘Deception’, as defined at para 6. Failing to disclose a material fact is also classed as ‘Deception’. It follows that such failure also … Continue reading Ahmed (General Grounds of Refusal – Material Non Disclosure) Pakistan: UTIAC 9 Sep 2011

UTIAC Someone who is married to a person settled in the United Kingdom but who only has discretionary leave to remain cannot, if his marriage breaks down because of domestic violence, claim an entitlement to indefinite leave by analogy with paragraph 289A of the Immigration Rules. There is no unlawful discrimination in terms of ‘other … Continue reading Guzman-Barrios (Domestic Violence-Dlr- Article 14 Echr) Colombia: UTIAC 9 Sep 2011

UTIAC Where an application for entry clearance or leave to enter or remain in the United Kingdom is made before 3 March 2010 and has not been determined before that date, it will be decided in accordance with the Immigration Rules in force on 2 March 2010, rather than the Statement of Changes in Immigration … Continue reading Singini (Para 319C, Switching To Dependant Category) Malawi: UTIAC 25 May 2011

UTIAC The requirement in paragraph 11 of Appendix C of the Statement of Changes in the Immigration Rules HC 395 (as amended) is that the funds be ‘available’. It is unhelpful to try to paraphrase that.Funds required by paragraph 11 of Appendix C can take the form of a credit card limit. Judges: Stacey J, … Continue reading Ejifugha (Tier 4 – Funds – Credit) Nigeria: UTIAC 9 May 2011

UTIAC (1) Immigration Judges have jurisdiction to determine whether decisions on variation of leave applications are in accordance with the law, where issues of fairness arise.(2) Where a sponsor licence has been revoked by the Secretary of state during an application for variation of leave and the applicant is both unaware of the revocation and … Continue reading Patel (Revocation of Sponsor Licence – Fairness) India: UTIAC 6 Jun 2011

The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents. Held: To fulfil the requirements of Directive 90/364 all of Q, W and X had to demonstrate … Continue reading W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006

The claimant, a 32 year old Pakistani national, had been refused leave to remain as a Tier 2 (General) Migrant worker. He had worked as a physiotherapy assistant, and said that this should have entitled him to 50 points under the assessment system. Though his occupation did not qualify him of itself, he said that … Continue reading Alvi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 25 Oct 2010

UTIAC The requirement imposed by the Immigration Rules, Appendix A, Table 9, paragraph 2(a) on an applicant as a Tier 1 (Post-Study Work) Migrant relates to the status of the relevant institution at the time of study. Citations: [2011] UKUT 123 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 06 September 2022; Ref: scu.432802

The claimant sought judicial review of the defendant’s decision not to allow her indefinite leave to remain in the UK with her husband and family. Held: On the facts presented, the interference with the applicant’s family life was such as to make it disproportionate under article 8 to remove her, notwithstanding that she was unable … Continue reading Mansoor, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2011

UTIAC The Secretary of State accepts that, following the judgment of the Supreme Court in Mahad v. Entry Clearance Officer [2009] UKSC 16, applicants for entry clearance as working holiday makers under the now defunct paragraph 95 of the Immigration Rules, may rely upon third party support in order to show that they satisfy the … Continue reading KJ (Working Holiday Maker – Third Party Support) India: UTIAC 26 Jan 2011

UTIAC 1) Just because findings of fact made by the Tribunal in a reported case are not binding does not mean that immigration judges are free to take account or not to take account of such findings at will: (a) the determination may contain an account of the record of evidence; (b) the Tribunal may … Continue reading TR (CCOL Cases) Pakistan: UTIAC 26 Jan 2011

UTIAC Requiring a political activist to live away from his home area in order to avoid persecution at the hands of his political opponents has never been considered a proper application of the internal relocation principle: see e.g. Nolan J in R v Immigration Appeal Tribunal, ex p.Jonah [1985] Imm AR 7. And (since October … Continue reading SA (Political Activist- Internal Location) Pakistan: UTIAC 26 Jan 2011

UTIAC The effect of the decision of the Court of Appeal in Pankina is not limited to the ‘three-month rule’ in relation to evidence of funds. Policy Guidance does not have the status of Immigration Rules for the purposes of immigration appeals. Citations: [2010] UKUT 304 (IAC) Links: Bailii Jurisdiction: England and Wales Citing: Cited … Continue reading FA and AA (PBS Effect of Pankina) Nigeria: UTIAC 25 Aug 2010

UKIAT The Immigration Rules make no provision for the admission of post-flight spouses of refugees with limited leave. The Rules should be changed. In the mean time it is most unlikely that it will be proportionate to refuse the admission of the spouse of a refugee where all the requirements of paragraph 281 are met … Continue reading FH (Post-flight spouses: Iran) v Entry Clearance Officer, Tehran: UTIAC 10 Aug 2010

UKIAT The expression ‘current . . leave to remain’ in para 245ZX(I) of the Statement of Changes in the Immigration Rules HC 395 as amended must refer to an applicant’s/appellant’s substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 (‘s.3C leave’), the expression would be meaningless. … Continue reading QI (Para 245Zx(I) Considered) Pakistan: UTIAC 6 Jul 2010

(i) In section 117B(1)-(5) of the Nationality, Immigration and Asylum Act 2002 parliament has made no distinction between adult and child immigrants. (ii) The factors set out at section 117B(1)-(5) apply to all, regardless of age. They are not however an exhaustive list, and all other relevant factors must also be weighed in the balance. … Continue reading Miah (Section 117B NIAA 2002 – Children): UTIAC 23 Nov 2015

‘There are two questions which I have to answer on this application for judicial review. First, are paragraphs 320(7A) and (7B) of the Immigration Rules unlawful so that the relevant decisions of the Entry Clearance Officer made under them cannot stand? Second, was the claimant dishonest in her application for entry clearance?’ Judges: Mostyn J … Continue reading Thebo, Regina (on The Application of) v Entry Clearance Officer Islamabad (Pakistan): Admn 5 Feb 2013

Judges: Stanley Burnton, Patten, Black LJJ Citations: [2011] EWCA Civ 811 Links: Bailii Statutes: Immigration Rules 395C Jurisdiction: England and Wales Immigration Updated: 14 August 2022; Ref: scu.441821

Claim to be granted humanitarian protection in accordance with paragraph 339C of the Immigration Rules. Judges: Lord Justice Hooper Citations: [2010] EWCA Civ 1165 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 14 August 2022; Ref: scu.425550

The claimant sought judicial review of a decision of the Home Secretary refusing to treat his additional submissions as giving rise to a fresh claim under paragraph 353 of the Immigration Rules, HC 395. He further asserts there was a material failure to consider the factors set out in paragraph 395C of the rules. Judges: … Continue reading T, Regina (on The Application of) v Secretary of State for The Home Department: Admn 10 Feb 2011

UTIAC Points obtained ‘under paragraphs 113-120 of Appendix A’ to the Rules are not so obtained if paragraph 120A prevents them being obtained. Judges: Ockleton VP, Martin UTJ Citations: [2013] UKUT 465 (IAC) Links: Bailii Statutes: Immigration Rules Jurisdiction: England and Wales Immigration Updated: 25 July 2022; Ref: scu.515461

Application for judicial review of a decision of the Secretary of State not to treat the further submissions of the petitioner as a fresh claim for the purposes of rule 353 of the Immigration Rules. Citations: [2018] ScotCS CSOH – 58 Links: Bailii Jurisdiction: Scotland Immigration Updated: 24 July 2022; Ref: scu.622392

The applicant had been refused asylum, but because she was a minor had been given discretionary leave to remain. She applied for an extension, but after a two year delay, this was refused. She now said that both the respondent and the immigration judge had failed to address Rule 395C issues. Judges: Sedley, Jacob, Lloyd … Continue reading TE (Eritrea) v Secretary of State for the Home Department: CA 11 Mar 2009

This appeal concerns the application of the common law principle of procedural fairness to a points-based system for determining whether a person should be granted leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant as set out under Paragraph 245DD of the Immigration Rules Judges: Lord Justice Green Citations: [2021] EWCA … Continue reading Taj, Regina (on The Application of) v The Secretary of State for The Home Department: CA 20 Jan 2021

The court considered the proper approach to be adopted, in light of new Immigration Rules promulgated in July 2012, to applications for leave to enter the United Kingdom by persons who are family members of someone already present here. Judges: Richards, Underhill, Sales LJJ Citations: [2015] EWCA Civ 387, [2015] WLR(D) 199, [2015] Imm AR … Continue reading The Secretary of State for The Home Department v SS (Congo) and Others: CA 23 Apr 2015

The court considered what matters had to be incorporated directly within the Immigration Rules, and what might be properly contained in documents referred to by the Rules. Held: There is a spectrum that operates on the extent to which the requirement is substantive at one end of the spectrum and or relates to matters that … Continue reading Regina (Purzia) v Secretary of State for the Home Department: Admn 2011

The claimant challenged the Secretary of State’s refusal to treat various representations made over the years as amounting independently or together to a fresh claim under paragraph 353 of the Immigration Rules. Judges: Mitting J Citations: [2008] EWHC 1600 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 19 July 2022; Ref: scu.278421

IAT A person who cannot meet the requirements of the Immigration Rules is unlikely to be able to show that the decision was contrary to the Disability Discrimination Act 1995 (as amended) by reason of the sponsor’s disability or perhaps at all. Judges: Ockleton DP, O’Malley DIJ Citations: [2008] UKAIT 00026 Links: Bailii Immigration Updated: … Continue reading NM (Disability Discrimination) Iraq: IAT 25 Mar 2008

The court was asked ‘ does rule 317(i)(e) cover a case in which the very financial dependency which qualifies a parent or grandparent for entry to the United Kingdom is also what keeps their circumstances from being ‘the most exceptional compassionate circumstances’?’ Judges: Longmore, Kitchin LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 331, [2012] … Continue reading Mohamed v Secretary of State for The Home Department: CA 20 Mar 2012

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

A Bangladeshi woman entered into an arranged polygamous marriage in Bangladesh and many years later dishonestly (led by her husband) obtained entry clearance as a visitor before then unsuccessfully seeking leave to remain as being financially dependent upon a daughter settled here. She was anxious to continue enjoying access rights to her younger son here. … Continue reading SB (Bangladesh) v Secretary of State for the Home Department: CA 31 Jan 2007

IAT The Tribunal’s remarks in OM about the Immigration Rules relating to the settlement of children (paragraphs 296 to 316 of HC 395) are obiter, and are not to be taken as an authoritative interpretation of those rules. Thus, there is no requirement that when a child applies for a settlement visa, there must be … Continue reading FO and others (Children: Settlement, OM Distinguished) Nigeria: IAT 4 Dec 2006

The requirement to prove the existence of ‘contracts’ in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such contracts to be evidenced in documentary form. Citations: [2014] UKUT 216 (IAC) Links: Bailii Jurisdiction: England and … Continue reading Shebl (Entrepreneur: Proof of Contracts): UTIAC 8 May 2014

IAT Prior to the Secretary of State’s decision and without notification to him, the Appellant changed her course of studies from that in respect of which the application had been made (paragraph 57(ii)(b) of HC 395 as amended) to one referable to paragraph 57(ii)(a )thereof. Held: (1) the nature of the change was such that … Continue reading TB (Student Application, Variation of Course, Effect) Jamaica: IAT 6 Apr 2006

Challenge to Immigration Rules as ultra vires. Citations: [2015] UKUT 135 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 05 July 2022; Ref: scu.547310

The Ghanaian applicant asylum seeker had been a senior trade union official. He had lost his job and been ill-treated following political changes in Ghana. He had hidden in a remote village before seeking asylum in this country. The adjudicator acknowledged that he would be in jeopardy if he resumed his former activities, but concluded … Continue reading Jonah v Secretaty of State for the Home Department: 1985

IAT This case is reported for what we say about the meaning of ‘subsisting’ in relation to marriage within Part 8 of the Immigration Rules HC395, Family Members. A marriage is subsisting for the purposes of these Rules if it has been lawfully entered into and has not thereafter been lawfully dissolved or annulled. Judges: … Continue reading BK and others (Spouses: Marriage-Meaning of ‘Subsisting’) Turkey: IAT 13 Dec 2005

IAT Effect of deletion of paragraph 252 (leave to enter as spouse or child of special voucher holder) of Immigration Rules on applications made before date of deletion but not decided until after date of deletion Citations: [2005] UKAIT 00141 Links: Bailii Immigration Updated: 04 July 2022; Ref: scu.231355

IAT The case raises questions about the extent, if any, to which a non-EEA national with family ties to EEA nationals residing here can invoke their free movement rights in arguing that her own removal would be disproportionate in terms of Article 8. The ambit of the ECJ judgment in Chen, and of its manifestation … Continue reading RI (EC Law, Chen, Effect on Proportionality) Uganda: IAT 31 Aug 2005

issue about paragraph 322(1A) of the Immigration Rules (concerned with false representations or false documents or information) and the separate considerations that arise out of a false document, on the one hand, and a finding of deception on the part of the applicant, on the other. Citations: [2018] EWCA Civ 2424 Links: Bailii Jurisdiction: England … Continue reading Chanda v The Secretary of State for The Home Department: CA 31 Oct 2018

Appeal from refusal of applications for indefinite leave to remain outside the Immigration Rules. Citations: [2015] EWCA Civ 630, [2016] Imm AR 1 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 18 June 2022; Ref: scu.549439

The Appellants, citizens of China, appeal, with permission, against the determination of an Adjudicator, dismissing their appeals against the decision of the Respondent Secretary of State refusing them indefinite leave to remain in the United Kingdom. Judges: Mr C M G Ockelton (Deputy President), Mr J Barnes (a Vice President), Mr L V Waumsley (a … Continue reading YL YL SN (Abandonment, Work-Permit Holders’ ILR) China: IAT 26 Apr 2004

The sole issue on this appeal is how time spent studying courses is to be calculated for the purpose of paragraph 245ZX(h) of the Immigration Rules as the wording of that provision stood on 21 November 2013, when the appellant was refused leave to remain in the United Kingdom. Citations: [2018] EWCA Civ 2220 Links: … Continue reading Ali v Secretary of State for The Home Department: CA 27 Jun 2018

The appellant challenged decisions: first to refuse him indefinite leave to remain on grounds of 10 years’ lawful residence under paragraph 276B of the Immigration Rules; secondly, to refuse indefinite leave to remain on grounds of private and family life under paragraph 276ADE and Article 8 ECHR; and thirdly, to certify the human rights claim … Continue reading Agumba, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 Dec 2017