Upper Tribunal: Immigration and Asylum Chamber judgments, 2012

For adequate maintenance under the pre-July 2012 Immigration Rules, available resources must meet the objective income-support level for the relevant family…

Under Paragraph 353 of the Immigration Rules, further submissions amount to a fresh claim only if, considered with the material previously considered, they…

Removal of a person with a serious naturally occurring illness may engage Article 3 where life-sustaining treatment is not practically available in the…

Where an immigration appellant seeks to rely on a ground for remaining which was not part of the application decided by the Secretary of State, the First-tier…

A removal decision purportedly made under Immigration, Asylum and Nationality Act 2006, section 47, at the same time as a refusal to vary leave is unlawful.…

In a points-based system appeal, section 85A of the Nationality, Immigration and Asylum Act 2002 limits the evidence which the Tribunal may consider on…

Article 12(1)(a) of the Refugee Qualification Directive incorporates the autonomous meaning of article 1D of the Refugee Convention. A CJEU ruling on that…

Res judicata does not apply to immigration appeals. A prior unappealed immigration determination is nevertheless the starting point when the same factual issue…

A party alleging improper conduct by a judge must substantiate the allegation with evidence. That evidence should be obtained while memories are fresh, served…

For a Tier 1 (Post-Study Work) application, Appendix C of the Immigration Rules requires the applicant personally to have the prescribed funds during the…

Where section 72 of the Nationality, Immigration and Asylum Act 2002 is invoked in relation to an overseas conviction, the statutory gateway must first be…

In a judicial determination of a disputed young person’s age, the court must determine the precedent fact for itself. It must act inquisitorially and decide…

Nationality, Immigration and Asylum Act 2002, section 83 creates an appeal against the rejection of an asylum claim only where the relevant grant of leave…

Where Article 8-specific Immigration Rules apply, a tribunal must first decide whether their mandatory requirements, and any relevant discretion, are…

In an age-dispute judicial review, whether an unaccompanied asylum seeker is under 18 is a precedent question of fact. The court or tribunal must determine it…

Where an immigration decision-maker has recognised and exercised a discretion under the Immigration Rules, the decision is lawful even if the Tribunal would…

A marriage celebrated outside England and Wales is void under section 11(d) of the Matrimonial Causes Act 1973 where it is actually polygamous and either party…

An appellant removed to an EU Member State under the Dublin Regulation retains an out-of-country statutory appeal. However, paragraph 6 of Schedule 3 excludes…

Where the applicability of the enhanced protection against expulsion in Article 28(3)(a) of Directive 2004/38/EC turns on unresolved EU-law questions, a…

A requirement which a migrant must satisfy to obtain leave must appear in the Immigration Rules under section 3(2) of the Immigration Act 1971. The Secretary…

Where parties have agreed facts or made material factual concessions at a Case Management Review, the substantive tribunal should be clearly informed of their…

In an age-dispute claim, whether a person is under 18 is a precedent question of fact for the court to determine, rather than a decision reviewable only on…

For removal under section 10(1)(c) of the Immigration and Asylum Act 1999, a person’s family is confined to the category applicable to deportation: a spouse or…

Under paragraph 21 of 1972 Immigration Rules (HC 510), the viability of a proposed business requires an assessment in the round. A realistic plan may…

A child who remains in the satisfactory daily care of a biological parent abroad will not ordinarily satisfy the Immigration Rules on sole responsibility or…

A Turkish business applicant protected by the standstill clause in Article 41(1) must be assessed under the immigration conditions applicable in 1973. Later…

Where an extended family member has entered the United Kingdom using an EEA family permit issued after the examination required by Immigration (European…

For exclusion under Article 1F(a) of the Refugee Convention, the Rome Statute supplies the framework for determining crimes against humanity and individual…

Under Immigration (European Economic Area) Regulations 2006, inactivity due to illness is treated as activity as a worker without a limitation by reference to…

A period of imprisonment may raise separate questions as to whether it counts as legal residence and whether it interrupts the continuity required to acquire…

In a discretionary deportation appeal, the Tribunal must scrutinise the factual basis on which the Secretary of State considers deportation conducive to the…

Where age is disputed in an asylum appeal, the appellant bears the burden of proof. The applicable standard is a reasonable degree of likelihood, not the…

For paragraph 245 HD(g) of the Immigration Rules (HC 395), a course completed through attendance over just more than three months is not a course of study of…

Where deportation or removal coincides with unresolved family proceedings concerning a child, the immigration tribunal must assess whether the family outcome…

In a challenge to an age assessment under Children Act 1989, whether a person is a child is an objective question of fact for the court or tribunal. The…

A judicial-review application may be dismissed where the claimant has ceased to pursue it. Where reasonable attempts to contact an unrepresented claimant fail…

A student seeking leave to commence a new course must satisfy the applicable Confirmation of Acceptance for Studies requirements in the Immigration Rules. A…

A residence order or prohibited steps order under section 8 of the Children Act 1989 does not bind the Secretary of State when exercising immigration powers.…

For a refusal under paragraph 320(7A) of the Immigration Rules, the respondent bears the burden of proving the alleged false representation or omission on the…

Where a local authority’s age assessment is challenged, whether the individual is under 18 is a precedent question of fact for the court. The court must…

In a judicial review concerning a local authority’s obligations to a child, the court must determine disputed age as a precedent fact. It must assess all the…

A removal decision under Immigration, Asylum and Nationality Act 2006, s 47, may be made only after written notice of the refusal to vary leave has been given.…

A valid adoption order made by a competent foreign court satisfies paragraph 310(vi) of the Immigration Rules (HC 395) unless its validity is properly…

Paragraph 320(7A) of the Immigration Rules applies where false representations or documents are submitted dishonestly, even if the applicant did not know of…

Applications under the Immigration (European Economic Area) Regulations 2006 must be assessed by identifying both the right asserted and the document which…

An unrecorded asylum interview is not thereby inadmissible. R (Dirshe) v Secretary of State for the Home Department did not create an individual right to…

An EEA national acquires permanent residence only after five years of continuous residence exercised in accordance with EU law. Residence based merely on…

Article 2 of the UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011 brought section 19 of the UK Borders Act 2007 into force only…

A succession of family visits does not itself prevent an applicant from being a genuine visitor. The decisive inquiry under Immigration Rules, paragraph 41, is…

For an application requiring a fee under the Immigration & Nationality (Fees) Regulations 2011, validity turns on whether it was accompanied by the fee, not on…

In a points-based immigration application, common-law fairness requires the Secretary of State to give an applicant an opportunity to answer a material adverse…

Under paragraph 21 of HC 510 Statement of Immigration Rules of Control after Entry, a Turkish ECAA business application calls for an open-textured…

A refusal of entry clearance for an application considered under the Points Based System carries a right of appeal limited by section 88A of the Nationality…

An appeal under section 40A of the British Nationality Act 1981 is a full appeal, rather than a review. The Tribunal determines whether the evidence…

Under Immigration (European Economic Area) Regulations 2006, reg 8(2), an extended family member must establish a relevant connection with the EEA national…

An applicant who remains subject to a deportation order must first obtain its revocation before applying for entry clearance. Immigration Rules (HC 395)…

Under Immigration Rules (HC 395), Appendix A, paragraph 5, points for an academic qualification are available only where UK NARIC deems it to meet or exceed…

Leave to remain which continues in force after departure may be cancelled on return where a material change has removed the factual basis on which it was…

A removal decision is in accordance with the law for article 8 purposes even where a contemporaneous policy or practice prevents its immediate enforcement. A…

In criminal-deportation cases, the automatic-deportation regime does not impose an additional requirement that an Article 8 claim be exceptional. The tribunal…

A subsisting marriage under the Immigration Rules requires a real, continuing matrimonial relationship, rather than the bare legal formality of an…

A claimant must establish on the balance of probabilities that the requirements of the Immigration Rules are met, or that an immigration decision interferes…

An application for indefinite leave to remain under rule 134 of the Immigration Rules is not an application under the points-based system merely because rule…

A third-country national applying as the spouse of an EEA national does not bear an initial burden of proving that the marriage is not one of convenience.…

For exclusion under Article 1F(a), a crime against humanity requires both an Article 7 act and its commission as part of a widespread or systematic attack on a…

In an automatic-deportation appeal, the tribunal must give full weight to the strong public interest in removing foreign citizens convicted of serious…