Upper Tribunal: Immigration and Asylum Chamber judgments, 2016

Where several lawful immigration decision-making routes are available, the decision maker must identify and conscientiously consider them, particularly where…

For the purposes of regulation 24(5) of the Immigration (European Economic Area) Regulations 2006, the two-year period begins when the deportation order itself…

A decision-maker considering leave outside the Immigration Rules must take account of material evidence about the effect on persons receiving the applicant’s…

Persistent and egregious non-compliance with the Upper Tribunal’s orders, directions and procedural rules will attract appropriate sanctions. The Tribunal may…

A child’s particular vulnerability must be a starting point when assessing whether prospective ill-treatment amounts to persecution. Harm which would not reach…

Where an immigration removal decision made under the former section 10 regime carries an effective out-of-country statutory appeal, judicial review is…

Evidence from dental development may assist an age assessment, but it must be treated with considerable caution. Statistical evidence cannot by itself…

For interim relief requiring admission to the United Kingdom outside the initial procedures of the Dublin regime, an applicant must show a real prospect of…

Qualification Directive, article 4 does not require the Secretary of State to share an applicant’s duty to substantiate nationality. Although the Member State…

In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must assess the reasonably foreseeable consequences of deprivation of…

A tribunal hearing must be conducted so that its fairness, impartiality and detached objectivity are manifestly apparent to the parties and to a hypothetical…

A proposed transfer under the Dublin Regulation may be challenged under the Charter of Fundamental Rights of the European Union, Article 18. The applicable…

A refusal to issue a residence card to an extended family member under regulation 17(4) of the Immigration (European Economic Area) Regulations 2006 is not an…

Whether an applicant procured a TOEIC qualification by fraud is invariably fact sensitive. The Secretary of State may discharge the initial evidential burden…

A deportation decision concerning an EEA-national prisoner is distinct from any later decision to transfer the prisoner to another Member State under Council…

Exclusion from refugee protection under Article 1F(c) of the Refugee Convention requires the Secretary of State to prove, by clear and credible or strong…

Where the Secretary of State substantively decides to refuse a protection claim or human rights claim within section 82 of the Nationality, Immigration and…

Under Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal’s determination of an error of law, its setting aside of the First-tier Tribunal’s…

Immigration Rules paragraph 353 remains a gateway to an appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 following the amendments…

A person may be excluded under Article 1F(a) of the Refugee Convention where there are serious reasons for considering that they knowingly made a substantial…

The Upper Tribunal has jurisdiction, under its transferred judicial-review jurisdiction, to review a decision of the Secretary of State wherever in the United…

Nationality, Immigration and Asylum Act 2002, section 117B(1)–(5), applies to child migrants as well as adults. Parliament made no distinction by age. The…

Section 117C(7) of the Nationality, Immigration and Asylum Act 2002 requires scrutiny of every conviction that formed a reason for the deportation decision. It…

The Upper Tribunal's power to set aside its own decisions is confined to rule 43 and rules 45–46 of the Tribunal Procedure (Upper Tribunal) Rules 2008. It has…

For service under article 8ZA(2) of the Immigration (Leave to Enter and Remain) Order 2000, a correspondence address must be provided by the person affected or…

For a non-appealable immigration decision, written notice is “given” under section 4(1) only when it has been sent by a method authorised by the Immigration…

Under paragraph 353 of the Immigration Rules, further submissions amount to a fresh claim only if they are significantly different from material already…

An appeal against the refusal of an EEA residence card does not, without more, suspend removal. The redress safeguards in Citizens Directive, article 31 do not…

An application made before 1 October 2013 was governed by the earlier version of paragraph 41-SD of Appendix A to the Immigration Rules. A tribunal's…

Immigration Rules paragraph 334 must be interpreted consistently with the Qualification Directive and the Procedures Directive. Where the Secretary of State…

Article 4 ECHR encompasses human trafficking. In an immigration appeal, a trafficking decision is not itself appealable under the Nationality, Immigration and…

The transitional appeal provisions introduced by the Immigration Act 2014 applied differently to persons and to decisions. SI 2014/2928 extended the new regime…

The overriding objective may require a respondent’s skeleton argument to be served before an appellant’s where that promotes a fair and expeditious hearing.…

When deciding whether to accept a take-charge request under the Dublin regime, the Secretary of State must take account of all material considerations and take…

A foreign criminal who has been sentenced for one offence to at least four years’ imprisonment remains within paragraph 398(a) of the Immigration Rules if…

An applicant may lodge amended judicial review grounds without the Tribunal’s permission only before the respondent lodges an Acknowledgement of Service.…

For a Tier 2 application, the appropriate salary is ordinarily the applicant’s gross annual salary payable by the sponsor, subject to the specified exclusions…

A valid in-time application for leave which is refused after the applicant’s existing leave has expired is an immigration decision within section 82(2)(d) of…

For the purposes of the Immigration (European Economic Area) Regulations 2006, whether a proxy marriage gives an applicant the status of spouse must be…

A decision that further representations are not a fresh claim under paragraph 353 of the Immigration Rules is not a refusal of a protection claim. It therefore…

Article 9 is a free-standing Convention right and must be assessed separately from Article 8 where it applies. The structured proportionality approach used for…

The Tribunal’s slip-rule power is confined to correcting clerical mistakes and accidental slips or omissions so as to make the original decision-maker’s…

Exclusion from the Refugee Convention under article 1F(a) does not, by itself, establish that a person’s presence in the United Kingdom is undesirable under…

The de minimis principle does not qualify compliance with the Immigration Rules. Once the applicable rule has been properly construed, compliance is a binary…

The statutory direction to give little weight to private life established while a person's status is unlawful or precarious, in section 117B(4)(a) and (5)…

For exclusion under Article 1F(c) of the Refugee Convention, knowingly inciting or encouraging acts of international terrorism does not require proof that…

A person is a persistent offender for the purposes of Nationality, Immigration and Asylum Act 2002 section 117D(2)(c) and paragraph 398(c) of the Immigration…

A refusal of entry clearance to the parent and sibling of a child refugee may be a disproportionate interference with family life under Article 8 ECHR, even…

In an appeal alleging dishonest procurement of a TOEIC English-language certificate, the Secretary of State bears the legal burden of proving dishonesty on the…

When deciding whether to extend time for seeking permission to appeal, the First-tier Tribunal and Upper Tribunal must apply the three-stage approach in…

A date stamp may formally record a grant of immigration leave where it is used for that purpose in practice. If no such practice exists, it gives no material…

Further human-rights submissions made after an earlier claim has been determined do not themselves create a right of appeal. Immigration Rules, paragraph 353…

Section 29(4) of the Tribunals, Courts and Enforcement Act 2007 gives both tribunals a free-standing jurisdiction to make wasted costs orders in all their…

In an Article 8 assessment, the distinction between family life and private life is not determinative where the proportionality factors are the same. The…

A challenge to the adequacy of a First-tier Tribunal's reasons must identify a substantial issue raised below and show either that it was not resolved or that…

The Dublin Regulation and the Human Rights Act 1998 operate alongside each other. Neither regime automatically prevails where their operation affects family…

Where Article 8 claims by members of one family arise together, each claimant's position under the Immigration Rules should be considered first. The claims…

A tribunal-issued immigration bail order remains subject to the First-tier Tribunal’s exclusive power of variation throughout its lifespan. The executive has…

Under HC 510, an applicant’s immigration breaches are relevant to the discretionary decision whether to grant leave to establish a business, but they are not…

Regulation 29AA(3) of the Immigration (European Economic Area) Regulations 2006 creates a presumption that a removed EEA national may return temporarily to…

A person whose sentence reaches 12 months only because consecutive sentences are aggregated is not a foreign criminal for the deportation provisions of the…

A person need not hold legal parental responsibility to have a parental relationship for the purposes of Nationality, Immigration and Asylum Act 2002, section…

In an Article 8 judicial review, the court assesses whether the Secretary of State’s decision was lawful and proportionate on the evidence available when it…

For paragraph 245ZX(ha) of the Immigration Rules, study leading to a qualification below degree level may nevertheless count as study at degree level. The…

A grant of leave to enter or remain ordinarily causes a pending immigration appeal to be treated as abandoned under Nationality, Immigration and Asylum Act…

In an EEA deportation appeal, the factors in regulation 21(6) of the Immigration (European Economic Area) Regulations 2006 have no prescribed hierarchy. Their…

A decision-maker need not reproduce or expressly cite the applicable policy if the decision, read with the relevant correspondence and reconsideration process…

Further submissions amount to a fresh human rights claim only if, when considered with previously considered material, they create a realistic prospect of…

In an Article 8 immigration appeal, the existence of family life between adult relatives, including grandparents and grandchildren, requires something beyond…

Under paragraph 284(iv) of the Immigration Rules, the 28-day period during which overstaying is to be disregarded is measured by the date of the extension…

An EEA national may rely on the enhanced protection requiring serious grounds of public policy or public security only where he has acquired a permanent right…

Under paragraph 353 of the Immigration Rules, the Secretary of State must assess further submissions with all previously considered material and ask…

A refusal of leave to remain does not carry a right of appeal under section 82 where the applicant had no valid leave when applying. A request under the…

An Upper Tribunal judicial review claim begun in that tribunal cannot be transferred to the High Court merely because the parties agree that transfer would be…