Upper Tribunal: Immigration and Asylum Chamber judgments, 2017

The appellate scheme in Nationality, Immigration and Asylum Act 2002 requires the Tribunal to determine an appeal. It may allow or dismiss an appeal, in whole…

Leave extended by section 3C of the Immigration Act 1971 remains an extension of the same leave originally granted. A Tier 4 student who makes an in-time…

A credibility assessment in an asylum appeal may use the indicators of sufficient detail, internal consistency, external consistency and plausibility as a…

Common-law fairness in the immigration system is context-driven. The fairness principle requiring a Tier 4 applicant to receive time to obtain a replacement…

In an age-assessment judicial review, the court must determine age as a fact on the balance of probabilities. There is no legal burden of proof on either…

Where the Secretary of State relies on a curtailment notice deemed given by being placed on file under article 8ZA(4), the Secretary of State must establish…

The Upper Tribunal may use a liberty-to-apply provision to determine whether its existing judicial review order has been complied with. Under Tribunals, Courts…

Where the Home Office receives a properly authorised notification that an applicant has appointed or changed a representative, its published policy requires it…

For deportation under Immigration (European Economic Area) Regulations 2006, the Secretary of State bears the legal burden of proving, on the balance of…

A Country Guidance decision designated as authoritative under section 107 and the applicable Practice Direction is to be treated as binding for the review…

A new matter under section 85 of the Nationality, Immigration and Asylum Act 2002 is a factually distinct factual matrix which could raise or establish a…

A Cart judicial review which quashes an Upper Tribunal refusal of permission to appeal restores the position that there has been no lawful determination of…

A tribunal must take decisions of the European Court of Human Rights into account, but it must follow binding domestic precedent. In medical-removal cases, the…

Withdrawal of an appeal under rule 17 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 is not automatic. The party…

There is no general duty to investigate documents produced in support of a protection claim. An inquiry may exceptionally be necessary where the document is…

For deprivation under British Nationality Act 1981 s 40(3), fraud, false representation or concealment must be directly material to the decision granting…

An immigration decision based on an interview may be procedurally unfair where the interviewer rigidly follows prepared questions and fails to clarify obscure…

A strong general presumption against a judicial-review “rolling review” does not prevent amendment to challenge later decisions where the primary…

An apparent-bias challenge requires the Tribunal to establish the relevant circumstances and then ask whether a fair-minded and informed observer would see a…

In ETS deception cases, the issue is ordinarily reviewed on ordinary judicial review principles. It is not a question of precedent fact unless the validity of…

Judicial review is sufficiently flexible to provide the effective review in fact and law required for a Dublin III transfer decision. It may determine factual…

The Dublin Regulation governs an expedited process which determines whether unaccompanied children in one Member State should be transferred to another under…

A deportation decision is unlawful where the Secretary of State fails to consider and give effect to relevant published policies governing removal to the…

Under Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 17(2), an appeal will ordinarily be treated as withdrawn when…

A consent order which permits withdrawal of judicial review proceedings, while recording the parties’ agreements in recitals, does not ordinarily leave…

A published family-reunion policy requiring flexible proof of identity must be applied according to its terms. It cannot be converted into an inflexible…

Foreign law is a question of fact. A party relying on it normally bears the burden of proving its content by suitably qualified expert evidence. Judicial…

Article 17 of the Dublin Regulation is an integral part of the Dublin regime. Its discretionary power is not confined to cases falling outside the…

Where the application of EU free-movement law to an unmarried durable partner of a returning Union citizen is not acte clair, a national tribunal may refer the…

The Upper Tribunal has power to stay proceedings and must exercise that discretionary case-management power in accordance with the overriding objective. A…

Section 40 of the British Nationality Act 1981 creates separate deprivation powers. Under section 40(2), the Secretary of State must be satisfied that…

On remaking a deportation appeal, a tribunal must apply the legal rules in force at the date of its decision. The former framework in Bah (EO-Turkey-Liability…

An effective remedy under Article 27(1) of Dublin III does not require a tribunal to conduct a fresh fact-finding exercise or to consider post-decision…

A decision on a fresh claim must apply country guidance through a fact-sensitive assessment of the applicant’s current individual circumstances. In assessing…

For a person deported following a sentence of less than four years’ imprisonment, paragraph 391(a) of the Immigration Rules treats ten years from the making of…

A transitional provision preserving the former meaning of an EEA national must be applied before relying on McCarthy v SSHD [2012] EUECJ C-434/09. A dual…

A decision on further submissions must be subjected to anxious scrutiny. It must assess new evidence in the context of earlier positive credibility findings…

A defect in the primary condition attached to immigration bail under paragraph 22 of Schedule 2 to the Immigration Act 1971 does not, without clear statutory…

The standstill clause in Article 41(1) of the Ankara Agreement Additional Protocol protects conditions of entry and residence only where they are necessary…

A judicial review of certification under section 94B is a supervisory review of the decision made on the material then available. It is not a rolling…

Evidence given by video recording is admissible in the Upper Tribunal, but its weight depends on its nature and context. The Tribunal must account for the…

For indefinite leave to remain under HC 395, “residence” in paragraph 245AAA(a) means presence in the United Kingdom. Paragraph 245AAA(a)(i) provides a clear…

A Tamil woman who is a single head of household in the former conflict areas of northern and north-eastern Sri Lanka may face a real risk of sexual abuse or…

In a deprivation-of-citizenship appeal, the Secretary of State must have regard to the welfare of affected children under Borders, Citizenship and Immigration…

A refusal to reinstate a judicial-review claim automatically struck out under Tribunal Procedure (Upper Tribunal) Rules 2008, rule 8, is in principle…

Where judicial review proceedings settle, the parties should take all reasonable steps to agree both liability for costs and their amount. They should not…

Where the Secretary of State’s published guidance clearly indicates how a reasonableness assessment should be resolved, the Tribunal should normally take that…

Article 13 of the Immigration (Leave to Enter and Remain) Order 2000/1161 applies to indefinite leave to remain. Where such leave remains in force after travel…

In an Article 8 proportionality assessment, a child’s best interests are a primary consideration and should normally be assessed before the balancing exercise.…

Where a non-offender cannot satisfy the Article 8 regime in the Immigration Rules, leave outside the Rules requires compelling circumstances, rather than the…

Where instructing solicitors have defaulted in the conduct of proceedings, counsel's duty is to the client and to the court or tribunal. It does not include…

For an inaccurate document to be a false document under paragraph V3.6(a) of Appendix V to the Immigration Rules, dishonesty must have occurred in its…

An EEA national exercising Treaty rights is not “settled” for section 1(1) of the British Nationality Act 1981. Ordinary residence alone cannot confer British…

In a judicial review challenge founded solely on Wednesbury irrationality, the claimant must establish the elevated threshold of bare irrationality. The…

Under Immigration (European Economic Area) Regulations 2006, reg 29AA(3), temporary admission to attend an appeal must be granted unless the Secretary of State…