Upper Tribunal: Immigration and Asylum Chamber judgments, 2013

A tribunal must give clear and adequate reasons for its decision. The required detail is context-sensitive, but the decision must identify the issue, the…

Where the family and private life provisions of the Immigration Rules address an Article 8 claim, they are the starting point for the proportionality…

A Tier 1 (Post-Study Work) application had to satisfy the Immigration Rules in force at the relevant time. Following closure of that route on 6 April 2012, the…

In an age-dispute judicial review concerning a local authority’s duties towards children, age is a precedent fact for the court or tribunal to determine.…

The Immigration Rules governing an Article 8 deportation claim by a foreign criminal are a complete code. Where paragraphs 399 and 399A do not apply, paragraph…

In an age-assessment judicial review, neither party bears a burden of proof. The Tribunal must determine the applicant’s age on the balance of probabilities…

In an age-dispute judicial review, the Tribunal must determine the applicant’s age as a fact. It acts inquisitorially, applies the balance of probabilities…

Under HC 395, paragraph 353, the Secretary of State must decide whether further submissions create a realistic prospect that an immigration judge, applying…

A non-EEA-national spouse who accompanies an EEA-national spouse to the United Kingdom for a visit of no more than three months is entitled to an EEA family…

Under paragraph 353 of the Immigration Rules HC 395, further submissions create a fresh claim only where the new and previously considered material together…

A person may acquire a permanent right of residence under regulation 15 while temporarily outside the host state. The absence must nevertheless preserve…

Country guidance is authoritative in subsequent appeals concerning the same issue and materially similar evidence. It should be followed unless later material…

Under rule 24(4) of the Asylum and Immigration Tribunal (Procedure) Rules 2005, the First-tier Tribunal must decide whether to extend time before it can admit…

In an international-protection claim based on Ahmadi faith, the claimant must establish a genuinely held and particularly important wish to manifest the faith…

In a paragraph 353 fresh-claim decision, the Secretary of State must ask whether a hypothetical immigration judge, applying anxious scrutiny, would see a…

Points required for a Tier 4 student application under Appendix A are unavailable where paragraph 120A prevents their award. A cross-reference to paragraphs…

A failed asylum seeker cannot invoke the former legacy-case process merely because the Secretary of State did not enforce removal. Former Immigration Rules…

An appeal under section 40A of the British Nationality Act 1981 is a full merits appeal. Unless the legislation clearly requires otherwise, the Tribunal must…

Support provided to an unaccompanied asylum-seeking child by a local authority, including support continuing after majority, does not itself determine…

In Article 8 claims by adult children of settled Gurkha veterans, the historic injustice which prevented the veteran from settling in the United Kingdom must…

Further submissions constitute a fresh claim under paragraph 353 of the Immigration Rules only where they are new and, taken with previously considered…

For paragraph 245ZX(ha) of the Immigration Rules, the five-year limit on degree-level study includes periods of leave as a student before the Tier 4 scheme…

For an ascending relative of an EEA national, dependency is a factual condition. It is established where the relative receives material support for essential…

A former policy concerning delay and residence did not give every adult with six years’ lawful residence an expectation of discretionary leave. The policy…

For exclusion under Article 1F(b), there must be serious reasons to consider that the claimant personally participated in conduct amounting to a serious…

Where removal would seriously affect a claimant’s health, the consequences remain relevant to proportionality under article 8 even if the article 3 threshold…

An entry-clearance application requiring a fee is not valid unless it is accompanied by the required payment. Where the Immigration Rules do not effectively…

For an EEA national who has acquired permanent residence, imprisonment does not automatically prevent residence during the ten years preceding a deportation…

Prospects of rehabilitation may be a substantial factor in the proportionality assessment for deporting an EEA national only where the person is genuinely…

Certification under section 94(2) of the Nationality, Immigration and Asylum Act 2002 prevents an in-country appeal where the claimant has made an asylum or…

Where a pending Tier 4 application may be refused on a discretionary ground under paragraph 322 of the Immigration Rules, the Secretary of State must follow…

The proportionality of removal under Article 8 is a fact-sensitive assessment for the tribunal. The fact that a person can return to their country of…

Trafficking for exploitation, including forced labour, falls within Article 4 of the European Convention. The state must provide practical and effective…

A person who voluntarily leaves employment to care for children does not retain EU worker status merely because of that caring role. A former worker who seeks…

Dependency under Immigration (European Economic Area) Regulations 2006, regulation 7 is a factual and present condition. It requires a broad assessment of…

Paragraph 353B of the Immigration Rules HC 395 does not replace former paragraph 395C. It concerns exceptional circumstances after further submissions have…

“Valid leave” in paragraph 399(b)(i) of the Immigration Rules means leave to enter or remain under the Immigration Act 1971. It does not include temporary…

Under paragraph 353 of the Immigration Rules, the question is whether there is a realistic prospect that a future tribunal, applying anxious scrutiny, would…

Where an applicant relies on an IELTS result to satisfy a CEFR-based English-language requirement, the result must be assessed under the relevant UKBA guidance…

An appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 exists only where there is an immigration decision as defined by that Act. A…

In an appeal under the Immigration (European Economic Area) Regulations 2006, section 85A of the Nationality, Immigration and Asylum Act 2002 does not restrict…

An adult who entered with time-limited student leave and has never obtained indefinite leave to remain requires a substantially stronger private-life…

A primary carer of a minor EU citizen may in principle rely on the Zambrano principle even where the child has never entered the European Union, provided that…

A failure by the Secretary of State to comply with the family-tracing duty in Regulation 6(1) of the Asylum Seekers (Reception Conditions) Regulations 2005…

A failure by the Secretary of State to endeavour to trace an unaccompanied asylum-seeking child’s family does not itself establish an error of law in the…

Immigration Rules paragraph 320(18) requires a two-stage approach. The decision-maker must first consider whether admission is justified by strong…

Where an age-assessment claim turns wholly on the claimant’s identity, the Tribunal must decide that identity on the balance of probabilities; there is no…

An appeal under section 83 of the Nationality, Immigration and Asylum Act 2002 concerns refugee status or humanitarian protection only. It must be determined…

In a judicial review of a local authority age assessment, the tribunal must determine the applicant’s age as a fact. It acts inquisitorially and decides, on…

In deportation appeals concerning decisions made after 9 July 2012, the Tribunal should first consider the applicable Immigration Rules and make relevant…

In an asylum appeal, a judge may assess the inherent likelihood of evidence provided that the assessment is made in context and applies the…

A respondent’s notice under rule 24 does not create a substitute right of appeal. A party seeking a materially different outcome from that reached by the…

A decision whether to make a fee award in an immigration appeal is an ancillary decision. It is therefore an excluded decision under Article 3(m) of the…

In an age-dispute judicial review, the court must determine for itself, on the balance of probabilities and by reference to all relevant evidence, whether the…

In immigration appeals affecting children, their best interests are a primary consideration, but they do not automatically require leave to remain. The…

Country guidance is authoritative where a later appeal concerns the same issue and depends on the same or similar evidence. It must ordinarily be followed. A…

Medical evidence in an asylum appeal may corroborate an appellant’s account and remains independent evidence even where the expert has relied substantially on…

An age dispute affecting local-authority support requires the court to determine the young person’s age as a precedent fact. The tribunal acts inquisitorially…

An exclusion decision is distinct from an exclusion order. The Secretary of State may make an exclusion decision against a non-EEA national under the…

Where removal is resisted under Immigration Rules paragraph 395C and article 8, disputed allegations of past conduct relied on by the Secretary of State must…

A divorced third-country national cannot retain a residence right under Article 13 of Directive 2004/38/EC unless the Union-citizen spouse was in the host…

In an age-assessment judicial review, a claimant’s age is a precedent fact for the exercise of child-care powers. The Tribunal must determine it for itself…

A refusal to treat further representations as a fresh claim is Wednesbury unreasonable where it fails to give proper weight to a material historic injustice.…

A non-EEA national whose residence is derived from an EU citizen child’s right to reside does not acquire a permanent right of residence merely through that…

Under Rule 21 of HC 510, self-employment may consist of providing services through personal skill. There is no universal minimum investment, requirement for…

A decision that further submissions do not amount to a fresh claim is reviewable only on Wednesbury grounds. The decision-maker must nevertheless ask whether…

In a dispute over whether a person is a child for the purposes of a local authority’s obligations, age is a precedent fact for the court to determine. The…

Section 55 of the Immigration, Asylum and Nationality Act 2006 requires the Tribunal to consider a certified exclusion issue first in its written substantive…

Under paragraph 297(i)(f) of the Immigration Rules, serious and compelling considerations set a high threshold. The decision-maker must assess whether the…

In a points-based-system appeal, Exception 2 in section 85A(3)(a) of the Nationality, Immigration and Asylum Act 2002 applies where the appeal is against a…

A tribunal must give a brief explanation for its conclusion on the central issue, but reasons need not be lengthy where the decision read as a whole coherently…

Where parallel family and deportation proceedings concern a child, the immigration tribunal should identify the child’s best interests before undertaking the…

For pre-9 July 2012 entry-clearance applications, adequate maintenance requires a comparison between the applicant’s and sponsor’s projected income after…

An application for further leave to remain is a continuing application. It begins when first submitted and remains capable of supplementation until the…

In Article 8 immigration appeals under the post-9 July 2012 Rules, a tribunal must first decide whether the claimant satisfies the applicable Rules. If not, it…

In a challenge to an age assessment, the tribunal must decide for itself, on the balance of probabilities, whether the individual was a child at the material…

A notice varying leave under section 4(1) of the Immigration Act 1971 must be communicated to the affected person before it takes effect. The Immigration…

A revocation or non-renewal under paragraph 339A of the Immigration Rules affects only the asylum status granted under Council Directive 2004/83/EC. It does…

A qualification which is merely comparable or equivalent in standard to a Bachelor’s degree is not, for the purposes of the Tier 1 (Post-Study Work) rules, a…

Where a late application for permission to appeal to the Upper Tribunal is granted without any decision on extending time, the grant is conditional. The…

Under the Immigration (European Economic Area) Regulations 2006, the categories of worker and self-employed person have distinct origins and requirements. They…

A Union-citizen child relying on the Chen principle must have sufficient resources and comprehensive sickness insurance. Resources derived from a parent’s…

A public authority must give effect to a material policy governing its decision. Where a policy requires an applicant to be alerted to missing mandatory…