Upper Tribunal: Immigration and Asylum Chamber judgments, 2011

A non-EEA family member may acquire a permanent right of residence through five years’ continuous residence with an EEA national exercising Treaty rights, even…

Where an in-country application is refused because a supporting document is alleged to be false, and the Secretary of State fails to prove that allegation on…

A failure formally to make a removal decision under section 47 does not invariably render a refusal to vary leave unlawful. The question is one of public law…

Section 55 of the Borders, Citizenship and Immigration Act 2009 protects children who are in the United Kingdom. It does not impose a statutory duty in respect…

Where paragraph 159A(ii) of the Immigration Rules requires evidence of a connection between a domestic worker and the employer, the connection must extend…

An Immigration Judge must determine a ground of appeal under section 84(1)(g) of the Nationality, Immigration and Asylum Act 2002, even where the appellant…

Where a local authority and the Secretary of State have made conflicting age assessments of an asylum claimant, the local authority must follow its published…

An out-of-time application for permission to appeal against conviction does not amount to an instituted appeal for the timing restriction in section 34 of the…

Where a refugee with limited leave cannot return to the country of origin to marry, and no realistic or reasonable third-country alternative is shown…

In an immigration appeal engaging Article 8, a child’s best interests require a distinct, objective and overall assessment before the wider proportionality…

A person who has remained in the United Kingdom after leave has expired is liable to administrative removal under section 10 whether or not they knew that…

For the transitional provision in UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011, a hearing includes an oral hearing at which…

In an Article 8 family-life appeal, the Chikwamba principle requires a genuine proportionality assessment. Where the sole factor on the State’s side is the…

A party seeking to adduce oral evidence by electronic means must justify that departure from the ordinary model of live evidence in the hearing room. The…

A pending Tier 4 student application may be varied under section 3C(5) of the Immigration Act 1971. The statute does not limit the number of variations…

A person seeking entry clearance as a general visitor is entitled to it if the requirements of paragraph 41 of the Immigration Rules HC 395 are met. The…

An applicant seeking consideration as an other family member under the Immigration (European Economic Area) Regulations 2006 must prove, on the balance of…

Where it applies, section 85A prevents an appellant from relying on post-application evidence to establish compliance with points-based Immigration Rules. That…

An immigration appeal must be decided by reference to the Immigration Rules in force and applicable when the application was decided. The tribunal must…

For the purposes of section 10(1)(a) of the Immigration and Asylum Act 1999, limited leave includes leave extended by section 3C of the Immigration Act 1971. A…

The June 2009 reformulation of policy for family members of former Gurkhas superseded the interim undertaking made in Parliament on 29 April 2009. Guidance…

A successful appeal against refusal of entry clearance does not itself confer entry clearance. Where no binding direction has been given, the Entry Clearance…

Under section 84(1) of the Immigration and Asylum Act 1999, read with section 82(2), the prohibition on unqualified persons providing immigration advice or…

Paragraph 245AA(b) of HC 395 governs the Secretary of State’s consideration of documents submitted with an application. It does not require a Tribunal to…

A grant of permission to appeal made on an out-of-time application is conditional where the judge granting permission has not considered whether time should be…

Entry clearance which takes effect as leave to enter under the Immigration (Leave to Enter and Remain) Order 2000 means that its holder does not, on arrival…

A person granted discretionary leave to remain outside the Immigration Rules cannot claim indefinite leave to remain by analogy with the domestic-violence…

A mandatory refusal under paragraph 322(1A) of the Immigration Rules requires deception. This applies equally to false representations, false documents or…

Under Article 3(2) of the Directive 2004/38/EC, dependency on an EEA national and membership of that national’s household are alternative routes to treatment…

An other family member under Article 3(2) of the Directive 2004/38/EC is a residual category. It may include any relative, including a cousin, provided there…

For exclusion under Article 1F(a), complicity in crimes against humanity under Article 25(3)(d) of the Rome Statute of the International Criminal Court 2008…

Where the facts engaging section 72 are present, the First-tier Tribunal must apply its rebuttable presumptions when deciding whether removal would breach the…

A court-appointed interpreter’s function is to comprehend and communicate what is said at the hearing. The interpreter must alert the Tribunal if…

In an Article 8 assessment concerning young children, their welfare and best interests are a first and primary consideration. The proper starting point is…

A decision of the First-tier Tribunal declining jurisdiction after it has considered the purported appeal and issued a determination is neither procedural nor…

For the pre-12 August 2010 Tier 2 scheme, the Secretary of State could not lawfully refuse an application by relying on paragraph 69 of Appendix A to the…

An unappealed immigration judge’s findings bind both parties. The Secretary of State cannot make a further adverse decision on the same issue by relying on…

Where a college’s electronic records system is detailed, robust and comprehensively records applications, enrolment, attendance and awards, evidence from that…

Where an asylum claimant would practise their religion discreetly on return, the tribunal must determine why they would do so. If a material reason is a fear…

Other family members, including durable partners, are not within the personal scope of the expulsion safeguards in Article 27 of Directive 2004/38/EC. They…

An EEA national is a worker only if they pursue activities that are effective and genuine. The EU-law meaning of worker is broad and does not depend on the…

A residence card stamped in an applicant’s passport following a duly made application takes effect when it is communicated, unless it has first been cancelled.…

A policy allowing settlement outside the Immigration Rules for adult dependants of former members of HM Forces creates a real and broad discretion. The listed…

For an other or extended family member under regulation 8 of the Immigration (European Economic Area) Regulations 2006, the requirement to accompany or join an…

An application for leave made before 3 March 2010 but undecided on that date had to be determined under the Immigration Rules in force on 2 March 2010…

A claimant relying on a purported Cambridge College of Learning postgraduate certificate in business management or IT must provide cogent evidence that it was…

In deportation cases involving a non-national parent and a British-citizen child, the child’s welfare is a primary consideration. The tribunal must assess the…

Where a family’s income falls below the objective maintenance benchmark, the shortfall may be met from sufficient savings. The appropriate reference period for…

For the maintenance requirement in Immigration Rules, Appendix C, the availability of funds is assessed retrospectively over the specified period before the…

For Tier 4 maintenance requirements, paragraph 11 of Appendix C requires that the stipulated funds be available to the applicant. The word should not be…

Findings of fact in a reported Tribunal decision do not bind an immigration judge. However, where the findings concern the same factual matrix, the judge must…

A family-visitor right of appeal under section 88A of the Nationality, Immigration and Asylum Act 2002 depends on the purpose for which the entry-clearance…

A respondent who refuses an entry-clearance application must comply with The Asylum and Immigration Tribunal (Procedural) Rules 2005 by providing the Tribunal…

Where an applicant makes a bona fide in-time application supported by an approved sponsor, and the sponsor’s licence is revoked before decision without the…

A child’s right of access to education under Article 12 of Regulation (EEC) No. 1612/68 extends to a stepchild of a migrant worker. The right continues while…

Under the version of the points-based student rules in force on 6 February 2010, there was no general requirement that a student be able to follow the proposed…

For paragraph 159A(ii) of the Immigration Rules, employment under the same roof and employment in a household are alternative conditions. A domestic worker may…

Section 87(1) of the Nationality, Immigration and Asylum Act 2002 gives the Tribunal a broad power to direct action giving effect to a successful appeal. It is…

Where removal requires travel through an area affected by armed conflict, the Article 3 assessment includes the proposed route of return and any internal…

For a Tier 4 (General) application, whether a student has an established presence is determined under Immigration Rules HC 395, Appendix C. The relevant…

Where the Secretary of State revokes an extant residence card on the ground that its holder no longer has a right to reside, she bears the burden of justifying…

For the permanent right of residence under Immigration (European Economic Area) Regulations 2006, time spent in prison does not count towards the required…

For Immigration Rules paragraph 352D, a child may include an adopted child. A de facto adoption, however, has the single and restrictive meaning prescribed by…

A Tier 4 student whose sponsor loses its licence has no automatic entitlement under published policy to 60 days’ further leave where the student has no extant…

For revocation of indefinite leave under section 76(1) of the Nationality, Immigration and Asylum Act 2002, a person must actually be liable to deportation…

For Tier 1 (Post-Study Work) applications, the requirement in Appendix A, Table 9, paragraph 2(a) of the Immigration Rules concerns the status of the…

An appeal under the Immigration Rules must be decided by reference to whether the appellant satisfies the requirements for the leave sought. Findings of fact…

Where a refusal of variation of leave carries only the restricted appeal grounds in section 88 of the Nationality, Immigration and Asylum Act 2002, regulation…

Guidance issued under the points-based immigration system cannot add a substantive eligibility requirement absent from the Immigration Rules. Whether earnings…

In a student appeal, satisfactory attendance and satisfactory progress are separate requirements. A strong attendance record does not, without more, establish…

An appeal against refusal to vary leave, curtailment of leave, or variation effectively curtailing leave carries a right of appeal on human-rights grounds. A…

An immigration policy which says that an entry clearance officer may exercise discretion when one or more listed factors are present does not, without more…

Where a Tier 4 sponsor’s licence is withdrawn, the November 2009 UKBA Policy Guidance limits an innocent student’s existing leave to remain to 60 days only…

For the permanent-residence right in regulation 15(1)(b), a non-EEA family member must have resided in the United Kingdom during the relevant five years while…

Article 3 does not require a contracting state to provide an alien with continuing medical treatment indefinitely because equivalent treatment is unavailable…

Where a return route is identified, its safety forms part of entitlement to international protection if there is a proper evidential basis for raising the…

Published Tier 4 guidance concerning the withdrawal of an education provider’s licence governs the limitation of existing leave. It does not promise a fresh…

A decision-maker assessing protection against non-state persecution must consider both the general effectiveness of the receiving state's protective system and…

An applicant under paragraph 95(v) of the Immigration Rules HC 395 could rely on financial support from a third party to show an ability to maintain and…

General systemic sufficiency of state protection is only the starting point in an asylum or Article 3 assessment. A claimant may nevertheless establish a…

Where an applicant bears the burden of proving compliance with substantive immigration requirements, the respondent bears the burden of proving a general…

Under regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2006, a non-EEA family member can acquire permanent residence only if both…