1. Paragraph A398 of the immigration rules governs each of the rules in Part 14 that follows it. The expression ‘foreign criminal’ in paragraph A398 is to be construed by reference to the definition of that expression in section 117D of the Nationality, Immigration and Asylum Act 2002: OLO and Others (para 398 – ‘foreign … Continue reading SC (Paras A398 – 339D: ‘Foreign Criminal’: Procedure) Albania: UTIAC 27 Apr 2020

UTIAC (1) An appeal under section 40A of the British Nationality Act 1981 against a decision to deprive a person of British citizenship requires the Tribunal to consider whether the Secretary of State’s discretionary decision to deprive should be exercised differently. This will involve (but not be limited to) ECHR Article 8 issues, as well … Continue reading Deliallisi (British Citizen: Deprivation Appeal: Scope) Albania: UTIAC 30 Aug 2013

1. The definition of ‘qualifying child’ contained in section 117D(1) of the Nationality, Immigration and Asylum Act 2002 does not include an EU citizen child resident in the United Kingdom for less than seven years. 2. The non-inclusion of EU citizen children resident for less than seven years in the definition of ‘qualifying child’ does … Continue reading MM (Section 117B – EU Citizen Child): UTIAC 8 Jun 2020

UTIAC (1) Neither section 85A of the Nationality, Immigration and Asylum Act 2002 nor the guidance in DR (Morocco)* [2005] UKAIT 38 regarding a previous version of section 85(5) of that Act has any bearing on an appeal under the Immigration (European Economic Area) Regulations 2006. In such an appeal, a tribunal has power to … Continue reading Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 2013

IAT Each application on behalf of the respondent for the section 108, Nationality, Immigration and Asylum Act, 2002 procedure to be invoked must be decided on its own merits. Immigration Judges should first consider whether it is being alleged that the document concerned is a forgery, or whether it is simply asserted that it is … Continue reading OA (Alleged Forgery; Section 108 Procedure) Nigeria: IAT 27 Nov 2007

UTIAC (1) Rule 17 (withdrawal) of the Tribunal Procedure (Upper Tribunal) Rules 2008 does not enable the Upper Tribunal to withhold consent to the withdrawal by the Secretary of State of the decision against which a person appealed to the First-tier Tribunal. (2) Where such a decision is withdrawn in appellate proceedings before the Immigration … Continue reading SM (Withdrawal of Appealed Decision: Effect) (Pakistan): UTIAC 11 Feb 2014

The court was asked whether under the 2002 Act it is possible to challenge by way of appeal to the AIT an immigration decision under section 82(2)(h) to remove an illegal entrant, where the ground of appeal is an allegation that removal directions for the proposed country of return could not lawfully be made pursuant … Continue reading MS (Palestinian Territories) v Secretary of State for the Home Department: CA 23 Jan 2009

Meaning of ’caused serious harm’ (A) section 117D(2)(b)(ii): ’caused serious harm’ The current case law on ’caused serious harm’ for the purposes of the expression ‘foreign criminal’ in Part 5A of the 2002 Act can be summarised as follows: (1) Whether P’s offence is ‘an offence that has caused serious harm’ within section 117D(2)(c)(ii) is … Continue reading Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020

UTIAC A person under the Nationality, Immigration and Asylum Act 2002 who has under the statute, only a restricted right of appeal, has, by reason of the Immigration (Notices) Regulations 2003, a right of appeal that is unrestricted as to time.Where an appeal can only be brought on restricted grounds because of section 88 of … Continue reading CHH (Notices Regulations – Right of Appeal – Leave To Remain) Jamaica: UTIAC 28 Mar 2011

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The Home Secretary appealed against a finding that it had been an abuse of process and unlawful for the Secretary of State to have refused to grant to the Respondent refugee status and 5 years’ leave to remain in this country on the ground that he . .

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(1) Where a human rights claim is made, in circumstances where the Secretary of State considers the nature of what is being alleged is such that the claim could also constitute a protection claim, it is appropriate for her to draw this to the . .

Application for judicial review of a decision by the Secretary of State for the Home Department to refuse the claimant’s asylum and human rights claims and to certify those claims for the purposes of section 94 of The Nationality Immigration and Asylum Act 2002. Citations: [2003] EWHC 2045 (Admin) Links: Bailii Statutes: Nationality Immigration and … Continue reading Brown, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 Aug 2003

The applicant sought judicial review of the respondent’s certification under s94 that his cliam for asylum was hopeless. He said that he had acted as an informer against criminal gangs in Jamaica, and that the state of Jamacia could not provide him effective protection if he was returned. Held: Where a stste, though doing its … Continue reading Atkinson v Secretary of State for the Home Department: CA 5 Jul 2004

The claimant appealed refusal of judicial review of the respondent’s decision to remove him to Nigeria. Held: The appeal was refused. The court said that in future the lodging of a notice of appeal should automatically stay any process of removal pending the appeal. This informal practice had been subject of considerable abuse, with spurious … Continue reading Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002 against a decision of the Asylum and Immigration Tribunal Judges: Lord Osborne Citations: [2009] ScotCS CSIH – 38 Links: Bailii Jurisdiction: Scotland Immigration Updated: 23 October 2022; Ref: scu.342971

The court emphasised the limited nature of the IAT’s jurisdiction under the 2002 Act, which is now restricted to considering points of law only: ‘Since the IAT now has jurisdiction to determine only points of law, it cannot put itself in the position of the lower court and decide the whole of the case as … Continue reading Miftari v Secretary of State for the Home Department: CA 18 May 2005

The claimant had had his asylum application and appeals rejected. His benefits were stopped. He submitted fresh matters to the respondent. Held: The respondent was given responsibility by statute to decide fairly whether the new matters reported to him were represnetations about the claim or amounted to a fresh claim. That responsibility had to be … Continue reading Regina (Nigatu) v Secretary of State for the Home Department: QBD 9 Jul 2004

Citations: [2007] EWCA Civ 1164 Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 103(A) Jurisdiction: England and Wales Immigration Updated: 01 September 2022; Ref: scu.261366

An appeal to the FTT covers not only any ground before the Secretary of State when she made the decision under appeal but also any grounds raised in response to a one-stop notice issued under section 120 of the 2002 Act, even if they had not been the subject of any decision by the Secretary … Continue reading AS (Afghanistan) v Secretary of State for the Home Department: CA 20 Oct 2009

Application for judicial review of a decision made by the Secretary of State for the Home Department on 15 June 2006 to certify the Claimant’s asylum and human rights claims under Section 96 of the 2002 Act on the grounds that they relied on matters which could have been raised in the Claimant’s appeal against … Continue reading J, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 2 Apr 2009

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

Citations: [2003] EWHC 2369 (Admin) Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Citing: Cited – Regina (on the application of L and another) v Secretary of State for the Home Department CA 2003 The court considered the circumstances under which a certificate that an asylum claim was clearly … Continue reading Atkinson, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Oct 2003

If a parent (‘P’) is unable to demonstrate he / she has been taking an active role in a child’s upbringing for the purposes of E-LTRPT.2.4 of the Immigration Rules, P may still be able to demonstrate a genuine and subsisting parental relationship with a qualifying child for the purposes of section 117B(6) of the … Continue reading SR (Subsisting Parental Relationship, S117B,): UTIAC 5 Sep 2018

Fairness requires the Secretary of State to give an applicant an opportunity to address grounds for refusal, of which he did not know and could not have known, failing which the resulting decision may be set aside on appeal as contrary to law (without contravening the provisions of s. 85A of the Nationality, Asylum and … Continue reading Naved (Student – Fairness – Notice of Points) Pakistan: UTIAC 13 Jan 2012

UTIAC 1. The current statutory appeal regime requires a decision to be made on a human rights claim. Without a claim and without a decision there is no appeal. 2. Where a claim has already been determined, submissions made subsequent to that require a decision as to whether they amount to a claim. Paragraph 353 … Continue reading Waqar, Regina (on The Application of) v Secretary of State for The Home Department (Statutory Appeals/Paragraph 353) ( IJR): UTIAC 25 Mar 2015

Challenge to respondent’s decision that claimants application for asylum was clearly unfounded. His Honour Judge Gilbart QC, Honorary Recorder of Manchester, Sitting as a Deputy High Court Judge [2012] EWHC 2575 (Admin) Bailii Nationality Immigration and Asylum Act 2002 94(2) England and Wales Immigration Updated: 31 December 2021; Ref: scu.464852

The claimant appealed against rejection of his request for judicial review of a adecision of the respondent not to revoke a deportation order. Held: The appeal failed. Moore-Bick, Tomplinson, McCombe LJJ [2014] EWCA Civ 88, [2014] 2 All ER 973, [2014] WLR(D) 60, [2014] 1 WLR 3173, [2014] Imm AR 768 Bailii, WLRD Nationality Immigration … Continue reading Khan v Secretary of State for The Home Department: CA 11 Feb 2014

Application for judicial review of defendant’s decision that the claimant’s claim that his removal from the UK would be a disproportionate interference with his human rights was manifestly ill founded. Andrews QC J [2011] EWHC 157 (Admin) Bailii e Nationality Immigration and Asylum Act 2002 94 England and Wales Immigration Updated: 09 November 2021; Ref: … Continue reading Mamaniat, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Jan 2011

This case raises issues regarding the application of sections 117A, B and C of the Nationality Immigration and Asylum Act 2002 (‘the 2002 Act’) in relation to serious foreign criminals. . .