(1) In its application to a ‘qualifying child’ within the meaning of section 117D of the Nationality, Immigration and Asylum Act 2002, section 117C(5) imposes the same two requirements as are specified in paragraph 399(a)(ii) of the Immigration Rules; namely, that it would be unduly harsh for the child to leave the United Kingdom and … Continue reading Patel (British Citizen Child – Deportation): UTIAC 29 Jan 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
UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002.(2) There is no statutory instrument under the 1971 Act dealing with the means of giving notice for … Continue reading Syed (Curtailment of Leave – Notice) India: UTIAC 4 Mar 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
Citations: [2006] EWHC 1208 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 93(2)(b) Jurisdiction: England and Wales Immigration, Human Rights Updated: 12 November 2022; Ref: scu.242206
The several applicants challenged the implementation of the section, which required an asylum seeker to make his application at the very first opportunity on arriving in the UK, and denied all benefit and support to those who did not do so. A form was completed by the officer, and followed strictly. They complained that the … Continue reading Regina (Q) v Secretary of State for the Home Department; Regina (D) v Same; Regina (J) v Same etc: Admn 19 Feb 2003
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 In cases where s 72 of the Nationality, Immigration and Asylum Act 2002 is invoked, it is important to see that the specific requirements of that section have been complied with. In particular, if the conviction was outside the United Kingdom, there must be either proof of the offence and sentence (s 72(3)), or … Continue reading HAA (S72: Overseas Conviction) Somalia: UTIAC 10 Oct 2012
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
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
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003
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
The claimant, a citizen of Jamaica, came to the UK in 2010 on a visitor’s visa with leave to remain for one month. He then applied for asylum on the ground that he is a Jamaican homosexual and feared persecution if returned to Jamaica. He was detained under section 62 of the Act pending a … Continue reading Brown, Regina (on The Application of) v Secretary of State for Home Department: Admn 28 May 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
Application for leave to appeal against a decision of an Immigration Judge of the Asylum and Immigration Tribunal under Section 103B of the Nationality, Immigration and Asylum Act 2002 Judges: Lord Osborne Citations: [2009] ScotCS CSIH – 50 Links: Bailii Jurisdiction: Scotland Immigration Updated: 23 October 2022; Ref: scu.347153
The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name … Continue reading A v The Secretary of State for The Home Department: SCS 17 May 2013
UTIAC An individual who is the subject of a deportation order must apply for revocation of the order before making an application for entry clearance if he/she is not to be subject to a mandatory refusal under paragraph 320(2). He/she is not able to raise revocation in the grounds of appeal and rely on sectio … Continue reading Latif (S 120 – Revocation of Deportation Order) 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
UTIAC The effect of section 88A of the Nationality, Immigration and Asylum Act 2002 and the Immigration, Asylum and Nationality Act 2006 (Commencement No.8 and Transitional and Saving Provisions) Order 2008 is that a person refused entry clearance as a Tier 2 Migrant has a right of appeal limited to race discrimination and human rights … Continue reading Abisoye (Entry Clearance Appeal – Tier 2) Nigeria: UTIAC 13 Mar 2012
The claimant sought judicial review of the refusal to reinstate his indefinite leave to remain after successfully appealing against a deportation order. Held: The claim failed. Bidder QC J said: ‘the wording of section 5 is tolerably clear and the other statutory or regulatory provisions touching on the question of deportation and revocation strongly suggest … Continue reading George v Secretary of State for The Home Department: Admn 9 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
The court considered whether it was safe to return the applicant to Italy, and said: ‘a system which will, if it operates as it usually does, provide the required standard protection for the asylum seeker will not be found to be deficient because of aberrations.’ Judges: Kenneth Parker J Citations: [2011] EWHC 3012 (Admin) Links: … Continue reading EM, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 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
(1) In determining whether, in the case of a person removed from the United Kingdom pursuant to a certificate under section 94B of the Nationality, Immigration and Asylum Act 2002, there has been a breach of Article 8 ECHR in its procedural or substantive form, the actions of the Secretary of State do not necessarily … Continue reading Watson, Regina (on The Application of) v Secretary of State for The Home Department (S 94B Process, S 25 Powers): UTIAC 5 May 2022
UTIAC 1. The First-tier Tribunal (Immigration and Asylum Chamber) is required to apply of its own motion the statutory presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 to the effect that Art 33(2) of the Refugee Convention will not prevent refoulement of a refugee where the factual underpinning for the application of … Continue reading Mugwagwa (S.72 – Applying Statutory Presumptions) Zimbabwe: UTIAC 20 Jul 2011
UTIAC The phrase ‘liable to deportation’ in s 3(5) of the Immigration Act 1971 includes, in the case of a person within s 3(5)(a), the notion of the Secretary of State’s deeming deportation to be conducive to the public good. The provision of s 32(4) of the UK Borders Act 2007, that a person subject … Continue reading Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011
Section 87(1) of the Nationality, Immigration and Asylum Act 2002 permits the Tribunal to give a direction for the purpose of giving effect to its decision and is a broader power than paragraph 21 (5) of Schedule 4 to the Immigration and Asylum Act 1999 where the direction must be ‘necessary’ In an entry clearance … Continue reading SP (Allowed Appeal Directions) South Africa: UTIAC 17 Mar 2011
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original determination which vitiated all findings of fact made … Continue reading Swash v Secretary of State for the Home Department: CA 26 Jul 2006
The appellant, a Gambian national sought review of two decisions of the Secretary of State as to first her decision to designate as safe, Gambia, in respect of men only, in the list of countries in section 94(4) of the 2002 Act, and second as to her related decision to certify the Appellant’s case as … Continue reading MD (Gambia), Regina (on The Application of) v Secretary of State for The Home Department: CA 17 Feb 2011
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003
Judges: His Honour Judge Mark Rogers Citations: [2014] EWHC 1772 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.526074
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
The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal which said that there was no immigration decision within section … Continue reading MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010
(1) Key features of ss.117A-117D of the Nationality, Immigration and Asylum Act 2002 include the following: (a) judges are required statutorily to take into account a number of enumerated considerations. Sections 117A-117D are not, therefore, an a la carte menu of considerations that it is at the discretion of the judge to apply or not … Continue reading Dube (Ss117A-117D): UTIAC 24 Feb 2015
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 court was asked whether section 78(1) of the 2002 Act prevents the Secretary of State from setting directions for removal of an applicant who has applied for an extension of time to appeal an adverse immigration decision. Judges: Pitchford J Citations: [2009] EWHC 153 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 … Continue reading Kagabo v Secretary of State for the Home Department: Admn 12 Feb 2009
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008
Citations: [2009] EWHC 827 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 8 Jurisdiction: England and Wales Immigration Updated: 17 July 2022; Ref: scu.341534
IAT i If an appellant challenges a decision of the Secretary of State to revoke a refugee’s indefinite leave to remain because he has ceased to be a refugee for one of the reasons given in section 76(3) of the Nationality, Immigration and Asylum Act 2002 then the Secretary of State must prove that such … Continue reading RD (Cessation – Burden of Proof – Procedure) Algeria: IAT 26 Jun 2007
The respondent had listed criminal offences committed by the applicants in support of his decision to have them removed and returned home. Held: The appeal was allowed. The list provided included offences which were not of the serious nature required for inclusion in such a list, and the respondent had not properly allowed for the … Continue reading EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Same: CA 26 Jun 2009
The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18. Held: A court should be very reluctant to allow that an error in law affecting … Continue reading AA (Afghanistan) v Secretary of State for the Home Department: CA 29 Jan 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
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
Citations: [2006] EWCA Civ 1117, [2007] INLR 195 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 82 Jurisdiction: England and Wales Cited by: Cited – MS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010 The claimant faced removal and return to Palestine, but he said that he would not be … Continue reading AK v Secretary of State for the Home Department: CA 31 Jul 2006
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
Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a court or tribunal to hypothesise that the child in question would leave the United Kingdom, even if this is not likely to be the case, and ask whether it would be reasonable to expect the child to do so. Citations: [2019] UKUT 72 … Continue reading JG (S 117B, : ‘Reasonable To Leave’ UK (Rev 1)) Turkey: UTIAC 15 Mar 2019
(1) In determining pursuant to section 117C(6) of the Nationality, Immigration and Asylum Act 2002 whether there are very compelling circumstances, over and above those described in Exceptions 1 and 2 in subsections (4) and (5), such as to outweigh the public interest in the deportation of a foreign criminal, a court or tribunal must … Continue reading MS (S117C, : ‘Very Compelling Circumstances’) Philippines: UTIAC 4 Mar 2019
(1) In KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53, the approval by the Supreme Court of the test of ‘unduly harsh’ in section 117C(5) of the Nationality, Immigration and Asylum Act 2002, formulated by the Upper Tribunal in MK (Sierra Leone) v Secretary of State for the … Continue reading RA (S117C: ‘Unduly Harsh’; Offence: Seriousness) Iraq: UTIAC 4 Mar 2019
Citations: [2005] EWCA Civ 61 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 101(1) Jurisdiction: England and Wales Immigration Updated: 29 June 2022; Ref: scu.222045
Appeals against the decision of the Upper Tribunal which remade the decision of the First Tier Tribunal and dismissed TB’s appeal from the decision of the Respondent, the Secretary of State for the Home Department which refused his human rights claim and maintained the decision to deport him. Citations: [2019] EWCA Civ 551 Links: Bailii … Continue reading Binbuga (Turkey) v Secretary of State for The Home Department: CA 4 Apr 2019
Judges: Longmore, Davis LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1436, [2013] INLR 456, [2012] WLR(D) 318, [2013] Imm AR 319, [2013] 1 WLR 1090 Links: Bailii, WLRD Statutes: Nationality, Immigration and Asylum Act 2002 92(1) 92(4)(a) Jurisdiction: England and Wales Immigration Updated: 14 June 2022; Ref: scu.465709
The applicant sought judicial review of the respondent’s certificate as to his asylum claim under s96(2). Held: The applicant had made a claim under human rights law. That had been rejected. He now sought to renew his application as an asylum claim, but on substantially the same facts. The respondent was free to give his … Continue reading Regina on the Application of Borak v Secretary of State for the Home Department: QBD 30 Jul 2004
Judges: Stanley Burnton J Citations: [2004] EWHC 2054 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Immigration Updated: 10 June 2022; Ref: scu.201624
The claimant had sought asylum on the day after arrival, and had therefore been refused any assistance beyond the provision of a list of charities who might assist. His lawyers were unable to secure either shelter or maintenance, and he had been left to sleep rough outside a police station. Held: The treatment amounted to … Continue reading Regina (Limbuela) v Secretary of State for the Home Department: QBD 4 Feb 2004
(i) ‘Removal’ in s84 of the Nationality, Immigration and Asylum Act 2002 refers to enforced removal pursuant to directions issued by the Secretary of State and not to the possibility of an individual making a voluntary return to their country of origin or a part of that country. (ii) A person (‘P’) who would be … Continue reading SA (Removal Destination; Iraq; Undertakings) Iraq: UTIAC 15 Nov 2021
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
Judicial review of a decision by the Secretary of State for the Home Department to certify the petitioner’s asylum and human rights claims as clearly unfounded in terms of section 94 of the Nationality, Immigration and Asylum Act 2002. Citations: [2017] ScotCS CSOH – 3 Links: Bailii Jurisdiction: Scotland Immigration Updated: 09 May 2022; Ref: … Continue reading Kadir, Re Judicial Review: SCS 18 Jan 2017
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
(1) A person who has been deported under a deportation order that remains in force is a person who is liable to deportation within the meaning of section 3 of the Immigration Act 1971 and is therefore unable to bring himself within section 117B(6) of the Nationality, Immigration and Asylum Act 2002. (2) By the … Continue reading Williams (Scope of ‘Liable To Deportation’) Nigeria: UTIAC 2 Mar 2018
(i) A human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 (‘NIAA 2002’) can be determined only through the provisions of the ECHR; usually Article 8. (ii) A person whose human rights claim turns on Article 8 will not be able to advance any criticism of the Secretary of State’s … Continue reading Charles (Human Rights Appeal: Scope) Grenada: UTIAC 1 Feb 2018
1. If, at a hearing, the Tribunal is satisfied that a matter which an appellant wishes to raise is a new matter, which by reason of section 85(5) of the Nationality, Immigration and Asylum Act 2002, the Tribunal may not consider unless the Secretary of State has given consent, and, in pursuance of the Secretary … Continue reading Quaidoo (New Matter: Procedure/Process) Ghana: UTIAC 1 Feb 2018
(1) A notice of removal window (Form RED.0004 (fresh)) is not an EEA decision for the purposes of the Immigration (European Economic Area) Regulations 2006. The notice cannot accordingly be appealed under those Regulations. Even if it could constitute a decision, the notice of removal window will constitute an EEA decision only if it concerns … Continue reading Ahmad (Scope of Appeals) Pakistan: UTIAC 23 Jan 2018
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 Immigration Appeal Tribunal allowed the respondent’s appeal against the adjudicator’s decision. The claimant appealed that finding. Held: The jurisdiction of the IAT was now restricted to issues of law. The respondents submissions to the contrary were plainly inconsistent with this legislation. Judges: Mummery, Laws LJJ, Sir Martin Nourse Citations: Times 03-Aug-2004 Statutes: Nationality, Immigration … Continue reading A v Secretary of State for the Home Department: CA 20 Jul 2004
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
Appeal against a decision of the Upper Tribunal holding that a decision of the respondent refusing the appellant leave to remain in the United Kingdom was not an immigration decision within the meaning of section 82(2)(d) of the 2002 Act, leaving the appellant with no right of appeal against the first decision. Judges: Lord Justice … Continue reading Musico v Secretary of State for The Home Department: CA 28 Oct 2020
The claimant sought to impugn a decision of the Secretary of State for the Home Department (the Secretary of State) rejecting the claimant’s fresh claim assertions and certifying the claim as ‘clearly unfounded’ pursuant to section 94(2) of the Nationality, Immigration and Asylum Act 2002. Judges: His Honour Judge Jeremy Richardson QC (Sitting as a … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2014
The claimant challenged the lawfulness of a decision of the defendant of 9 August 2013 to certify his asylum and human rights claims as clearly unfounded under section 94(2) of the 2002 Act. Judges: Gill DHCJ Citations: [2014] EWHC 3725 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales … Continue reading Khan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Nov 2014
Paragraph 353 of the Immigration Rules 1. The importance of paragraph 353 of the Immigration Rules (‘Paragraph 353’) is as a ‘gate-keeping’ function to shut out from the appeals system unmeritorious second or subsequent appeals. An appeal is generated under the current form of section 82 Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Akber, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353, Tribunal’s Role): UTIAC 27 Sep 2021
Judges: Gross, Simon, Flaux LJJ Citations: [2017] EWCA Civ 133 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 85(4) Jurisdiction: England and Wales Immigration Updated: 09 February 2022; Ref: scu.579610
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
(1) By virtue of schedule 2(1) of the Immigration (EEA) Regulations 2016 (‘the 2016 Regs’) a ‘new matter’ in section 85(6) of the Nationality, Immigration and Asylum Act 2002 includes not only a ground of appeal of a kind listed in section 84 but also an EEA ground of appeal. (2) The effect of the … Continue reading Oksuzoglu (EEA Appeal – ‘New Matter’): UTIAC 17 Oct 2018
(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
(1) The compelling reasons proviso in article 1C(5) of the 1951 Refugee Convention, as amended, applies in the UK only to refugees under article 1A(1) of the Convention. (2) Changes in a refugee’s country of origin affecting only part of the country may, in principle, lead to cessation of refugee status, albeit it is difficult … Continue reading AMA (Article 1C(5) – Proviso – Internal Relocation): UTIAC 12 Nov 2018
(i) The power conferred on the Upper Tribunal, exercisable upon remittal to the First-tier Tribunal, by section 12(b)(i) of the Tribunals, Courts and Enforcement Act 2007 to give directions is distinct from the power conferred by section 12(3)(b) to give procedural directions. (ii) Directions under section 12(b)(i) encompass matters such as guidance on the law … Continue reading ONM (Remittal To UKFTT With Directions): UTIAC 17 Aug 2015
i) Article 13 of the Immigration (Leave to enter and Remain) Order 2000/1161 (the ‘2000 Order’) applies to holders of indefinite leave to remain (‘ILR’) who travel to a country or territory outside the common travel area so that their ILR does not lapse but continues if Article 13(2)-(4) are satisfied. ii) If the leave … Continue reading Neshanthan (Cancellation or Revocation of ILR : Sri Lanka): UTIAC 17 Jan 2017
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
1. It is not necessary for an individual to have ‘parental responsibility’ in law for there to exist a parental relationship. 2. Whether a person who is not a biological parent is in a ‘parental relationship’ with a child for the purposes of s.117B(6) of the Nationality, Immigration and Asylum Act 2002 depends on the … Continue reading RK, Regina (on The Application of) v Secretary of State for The Home Department (S117B, ; ‘Parental Relationship’ (IJR): UTIAC 22 Dec 2015
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
Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is no pending appeal, do further submissions that rely on human rights … Continue reading Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019
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) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the outcome of any future … Continue reading AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016
UTIAC The purpose and intention of Parliament in incorporating section 117C of the Nationality, Immigration and Asylum Act 2002 was to ensure that all of the criminal convictions providing a reason for the deportation decision are to be examined within the framework provided by that section. What is required when undertaking the exercise required by … Continue reading Rexha (S117C – Earlier Offences : Albania): UTIAC 5 Jul 2016
(i) The requirements in para 399(b) are conjunctive. Accordingly, the correct approach is to consider para 399(b)(i) before the requirements in para 399(b)(ii) and (iii). If para 399(b)(i) is not satisfied, there is no need to consider the issues of undue hardship in para 399(b)(ii) and (iii). The offender would then have to rely upon … Continue reading Terrelonge (Para 399(B)): UTIAC 3 Nov 2015
Application for judicial review of decisions of the respondent to remove him from the United Kingdom, to refuse to revoke a deportation order and to certify that refusal under Section 96 of the 2002 Act, leaving the applicant with no right of appeal against the decision. [2015] UKUT 654 (IAC) Bailii the Nationality, Immigration and … Continue reading Bent, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 6 Nov 2015
UTIAC That section 117C of the Nationality, Immigration and Asylum Act 2002 is applicable only in deportation cases is made clear in section 117A(2) which, in directing the court or tribunal to the considerations involved when looking at the public interest question, clearly distinguishes between those cases that involve deportation from those that do not. … Continue reading Clarke (Section 117C – Limited To Deportation): UTIAC 22 Oct 2015
The claimant sought asylum. The respondent on her appeal certified that the claim was clearly unfounded. The House was asked how further submissions might be made and what approach should be taken on a request for judicial review of such a decision. The respondent said that the limitation on further applications while ‘appeal relating to … Continue reading ZT (Kosovo) v Secretary of State for the Home Department: HL 4 Feb 2009
UTIAC 1. Notwithstanding the amendments brought about by the Immigration Act 2014 to the types of decisions appealable under s82 of the Nationality, Immigration and Asylum Act 2002, para 353 of HC395 continues to perform a gateway function in respect of access to a right of appeal. Arguments to the contrary, founded upon dicta in … Continue reading Robinson, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353 – Waqar Applied) (IJR): UTIAC 16 Feb 2016
UTIAC 1. That ‘precariousness’ is a criterion of relevance to family life as well as private life cases is an established part of Article 8 jurisprudence: see e.g. R (Nagre) v SSHD [2013] EWHC 720 (Admin) and Jeunesse v Netherlands, app.no.12738/10 (GC). 2. The ‘little weight’ provisions of s.117B(4)(a) and (5) of the Nationality, Immigration … Continue reading Rajendran (S117B – Family Life): UTIAC 7 Mar 2016
The claimants challenged the rules disallowing their appeal against a decision for their expulsion as unconducive to the public good, unless made ‘out of country’, saying that this infringed their human rights to private and family life. Held: The appeals succeeded. Each had served terms of imprisonment for drugs related offences. Richards, Elias, McCombee LJJ … Continue reading Kiarie, Regina (on The Application of) v The Secretary of State for The Home Department: CA 13 Oct 2015
UTIAC The Immigration Rules, when applied in the context of the deportation of a foreign criminal, are a complete code. Where an assessment is required to be made as to whether a person meets the requirements of para 399 of the Immigration Rules, as that comprises an assessment of that person’s claim under article 8 … Continue reading KMO (Section 117 – Unduly Harsh): UTIAC 25 Sep 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
(i) The public interest in firm immigration control is not diluted by the consideration that a person pursuing a claim under Article 8 ECHR has at no time been a financial burden on the state or is self-sufficient or is likely to remain so indefinitely. The significance of these factors is that where they are … Continue reading Forman (SS 117A-C Considerations): UTIAC 19 Jun 2015
UTIAC (1) The statutory duty to consider the matters set out in s 117B of the 2002 Act is satisfied if the Tribunal’s decision shows that it has had regard to such parts of it as are relevant. (2) An appellant can obtain no positive right to a grant of leave to remain from either … Continue reading AM (S117B): UTIAC 17 Apr 2015
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
(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
Communicated Case – The applicant, a Kosovan Gorani, had been granted refugee status and indefinite leave to remain, but after conviction for criminal damage and drugs offences and possession of a knife in a public place he was sentenced, and after completion of his sentence he was ordered to be departed. The offences were included … Continue reading Draga v The United Kingdom: ECHR 5 Jan 2015
Extra Division – Inner House – the respondent referred to a letter dated 20 December 2012 from the petitioner’s solicitors. In that letter, the solicitors contended that to require the petitioner to leave the United Kingdom, and thus be forced to apply for entry clearance from abroad, would breach her family and private life rights … Continue reading LWF (Ap) v Secretary of State for The Home Department: SCS 24 Sep 2014
UTIAC (1) The appealable decision that s 32(5) of the UK Borders Act 2007 applies is not invalid by reason of being dated after the deportation order to which it relates. (2) In an appeal against automatic deportation there is no appeal against a decision to deport or against the order to deport, but only … Continue reading Greenwood (Automatic Deportation: Order of Events): UTIAC 15 Jul 2014
