Upper Tribunal: Immigration and Asylum Chamber judgments, 2010

An immigration judge is not required to determine an European Convention on Human Rights Article 8 claim which the appellant has not advanced, supported with…

Compliance with the Immigration Rules depends on the requirements and temporal conditions which the particular Rule expressly imposes. Section 85(4) permits…

Where a person faces a real risk of persecution or serious harm from Jaamat al Muslimeen, the authorities in Trinidad and Tobago are presently unable to…

A person born in Ireland before the 2001 amendments to Irish nationality law was an Irish citizen from birth under the original section 6 of the Irish…

A refusal to extend time for lodging an immigration appeal is a preliminary decision made in relation to an appeal. It is therefore an excluded decision under…

For the reduced two-month maintenance requirement, an applicant's established presence derives from study, not from academic success. Where a previous course…

A statement of additional grounds responding to a section 120 notice may be served while an appeal is pending; there is no applicable time limit. Lawful…

Where a parent is pursuing current family proceedings for contact with a child, removal may breach European Convention on Human Rights, article 8. Removal can…

Under the 1972 Immigration Rules (HC 510), the listed immigration categories were the main categories and did not create a mandatory rule that an applicant…

A finding that a person is a refugee does not itself entitle that person to asylum. Article 32 of the Refugee Convention protects only a refugee lawfully…

For an other family member under Citizens Directive 2004/38/EC, dependency and membership of the Union citizen’s household are alternative bases for…

Immigration (European Economic Area) Regulations 2006, regulation 9(2)(a), does not require a United Kingdom national to have been working in the host EEA…

Article 8 does not give an immigration judge a general discretion to waive the Immigration Rules merely because their application is harsh. A student may…

For humanitarian protection under Article 15(c) of the Qualification Directive, a child must show either exceptionally high indiscriminate violence or personal…

Where the automatic bar in paragraph 320(7B) of HC395 is disapplied, a refusal under paragraph 320(11) requires a careful discretionary assessment. The…

For the purposes of Immigration (European Economic Area) Regulations 2006, a worker is temporarily unable to work through illness or accident where the…

Other family members of an EEA national cannot obtain consideration under the domestic extended-family-member regime where they do not satisfy its requirement…

Where an entry-clearance decision is unlawful because the relevant policy has not been properly applied, the ordinary course is to remit the application to the…

An extended or other family member seeking residence rights under Article 3.2(a) of Directive 2004/38/EC must establish the required dependency or household…

A Zimbabwean returnee will not establish a protection or human-rights claim merely because they have HIV/AIDS and receive treatment in the United Kingdom. They…

A work-permit holder’s requirement to have spent a continuous period of five years lawfully in the United Kingdom under paragraph 134(i) of the Immigration…

Under Immigration Rules paragraph 6C, an out-of-country applicant has recourse to public funds if the applicant relies on a future increase in public funds…

Where an appeal concerns the discretionary issue of a residence card under regulation 17(4), the Tribunal must decide whether the discretion should have been…

A refusal of spousal entry clearance under an age requirement may interfere sufficiently with family life to engage article 8, even where the couple can meet…

For protection under Article 15(c), the assessment of indiscriminate violence in an armed conflict is generally inclusive. It must consider harm to civilians…

A Turkish national admitted as a student cannot rely on the Ankara Agreement standstill provisions to obtain leave as a businessman unless the immigration…

Linguistic analysis by Sprakab is capable of carrying very considerable weight, because its reports draw on an underlying body of data and a process involving…

Where automatic deportation under section 32 of the UK Borders Act 2007 is disapplied by an exception in section 33, the established law governing…

Unpublished policy guidance cannot add mandatory requirements to the Immigration Rules. Funds required by Appendix C are “available” where a third party has…

Where an asylum appellant's account has credibility difficulties but is supported by independent medical evidence, the opposing party should challenge that…

Under Nationality, Immigration and Asylum Act 2002, section 86(4), a removal decision cannot be held unlawful on the ground that it was made under an…

A failure to comply with a procedural rule is an error of procedure within paragraph 59 of the Asylum and Immigration Tribunal (Procedure) Rules 2005. The…

For an automatic deportation under UK Borders Act 2007, section 32 treats deportation of a qualifying foreign criminal as conducive to the public good and…

There is no single prescribed test for assessing whether a working holidaymaker can maintain and accommodate himself without recourse to public funds. The…

For refusal under paragraph 320(11) of the Immigration Rules, the Entry Clearance Officer bears the burden of proving that documents in an earlier application…

A post-flight spouse of a refugee with limited leave cannot qualify under either paragraph 352A or paragraph 281 of the Immigration Rules. Paragraph 352A is…

A suspension of enforced removals does not, without more, make an immigration decision to remove unlawful. A claimant may have grounds to challenge removal…

For the purposes of paragraph 11 of Appendix C to HC 395, funds are available where they are under the applicant’s control in an overseas bank account. The…

Policy Guidance does not have the legal status of the Immigration Rules in an immigration appeal. It cannot add a substantive eligibility requirement affecting…

In an Article 8 removal case, the question is whether it is reasonable to expect settled family members to relocate. Insurmountable obstacles are not a…

A prosecution in Pakistan will not generally amount to persecution through a denial of a fair trial unless the individual faces a real risk of a flagrant…

Women in the Ivory Coast may constitute a particular social group for the purposes of the Refugee Convention. Risk depends on the applicant’s individual…

For paragraph 245ZX(l) of the Immigration Rules HC 395, an applicant’s “current … leave to remain” means the substantive period of limited leave. It does not…

In an Article 8 removal case involving a genuine marriage, proportionality is a fact-sensitive assessment. It is not a search for an insurmountable obstacle to…

A Tier 1 applicant may satisfy the maintenance requirement with a joint bank account where the applicant is named on the account and the statements meet the…

Where a respondent relies on an unpublished document referred to in the notice or reasons for refusal, rule 13 requires its production to the Tribunal and…

A valid immigration application is not invalid merely because it is enclosed with a separate, invalid application by another family member. Where each…

The transitional arrangements for former IGS, SEGS and FT:WISS participants concerning Attributes and English language were distinct from the temporary…

For the certificate-of-entitlement regime, a person does not hold a passport merely because it was previously issued to them or they remain entitled to obtain…

Specified-document requirements in published immigration guidance must be construed from their plain language, context and purpose. Paragraph 96 of the Tier 1…

In a private-life claim under Article 8, proportionality requires a genuine balance of all relevant factors. It cannot be confined to an applicant’s ability to…

A child’s residence right under Article 12 arises where the child lived with a parent in the host Member State while that parent was employed there. The right…

A third-country national who is the primary carer of a self-sufficient minor Union citizen has a directly effective derivative EU right to enter and reside…

A party is entitled to a hearing before a judge who is alert and who appears to be alert. Actual sleep is unnecessary: an objectively supported appearance that…

A tribunal may reject an uncontradicted psychiatric diagnosis of depressive illness, but it must give clear reasons that adequately engage with the…

For exclusion under Article 1F(a) of the Refugee Convention, Article 7.1 of the Rome Statute provides the usual working definition of a crime against humanity.…

For a lawfully resident young adult who remains within the parental household, family life does not end automatically on reaching majority. Strong and…

Former victims of trafficking for sexual exploitation in Thailand may constitute a particular social group where their shared past experience is an immutable…

A statement under section 120 of the Nationality, Immigration and Asylum Act 2002 may require the Tribunal to determine a genuinely new ground for remaining in…

A United Kingdom immigration tribunal should accept another European Union Member State’s recognition of a marriage and grant of that Member State’s…

An applicant who gives an untruthful answer to a direct question in an immigration application both makes a false representation and fails to disclose the true…

Former victims of trafficking for sexual exploitation in Albania may constitute a particular social group. That status alone does not establish refugee status.…