Upper Tribunal: Immigration and Asylum Chamber judgments, 2018

An asylum seeker or beneficiary of international protection returned to Italy will not ordinarily establish a real risk of treatment contrary to Article 3…

An applicant relying on Article 3 of the ECHR bears the legal burden of showing a real risk of prohibited harm. The returning state must dispel doubts only…

A substantial mismatch between earnings declared for immigration purposes and those declared to HMRC permits an initial inference of dishonesty under paragraph…

Where permission to appeal is granted on a standard form without an express limitation in the decision section, it will ordinarily be construed as permission…

A removal-window policy may lawfully give notice that removal can occur at any time during a defined period. Access to justice depends on the circumstances. A…

Where published immigration guidance permits discretion for exceptional circumstances, it must be applied consistently with procedural fairness. A requirement…

Eligibility for humanitarian protection under the Refugee Qualification Directive depends on the risk of serious harm on return to the claimant’s country of…

There is no general legal requirement for the Secretary of State to obtain an applicant’s consent before making an inquiry in the country of origin. Procedures…

A human rights assertion arising from removal does not, without more, provide a compelling reason under the second appeals criteria. Otherwise, those criteria…

In an EEA appeal, a new matter includes an EU ground of appeal as well as a ground listed in section 84 of the Nationality, Immigration and Asylum Act 2002.…

A third-country national family member of a Union citizen who resides in the citizen’s Member State of nationality may have a derivative right of residence…

An unlawful delay in deciding an asylum claim is assessed by considering all the circumstances in the round. The flexible requirements to decide a claim within…

A parent’s entitlement to contact with a child, even under a court order, does not by itself establish that the parent is taking an active role in the child’s…

In a protection appeal under the post-20 October 2014 version of Nationality, Immigration and Asylum Act 2002, a negative National Referral Mechanism…

On a remittal from the Upper Tribunal, the error of law decision should state clearly whether the appeal is to be remade de novo. If findings are preserved, it…

For retained rights of residence under regulation 10(6)(a), a non-EEA former spouse who is a genuine jobseeker at the date of divorce is to be treated as a…

Poor immigration advice does not strengthen the private or family life protected by Article 8. It may be relevant only if, in the particular circumstances, it…

A Union citizen residing in a Member State of which that citizen is a national is not a beneficiary of the Citizens Directive under Article 3(1), even if the…

Before re-making an appeal under Tribunals, Courts and Enforcement Act 2007, section 12(2)(b)(ii), the Upper Tribunal retains jurisdiction to vary or depart…

An appeal against revocation of protection status under section 82(1)(c) of the Nationality, Immigration and Asylum Act 2002 concerns the basis on which the…

Litigation privilege applies to proceedings before the First-tier Tribunal where the proceedings are adversarial. It protects confidential communications made…

The Upper Tribunal’s Hamid jurisdiction forms part of its inherent power to regulate its own procedure and to ensure proper professional conduct by lawyers. It…

Where a child seeks entry clearance for adoption under paragraph 316A of the Immigration Rules, an unrecognised foreign adoption does not itself prevent the…

The Upper Tribunal may make temporary administrative arrangements concerning when it will normally consider immigration judicial-review permission…

Where no Conclusive Grounds decision has been made, a tribunal must decide evidence of past trafficking or modern slavery only if it is relevant to whether…

Where a person has been removed following certification under section 94B, the First-tier Tribunal is normally the proper forum to decide whether the pending…

A person who refuses compulsory military service does not qualify for refugee protection merely because domestic law provides for conscription and a penalty…

For the deportation exceptions in paragraph 399A of the Immigration Rules and section 117C(4) of the Nationality, Immigration and Asylum Act 2002, “lawfully…

Paragraph 398 of the Immigration Rules applies to a person facing deportation on conducive-to-the-public-good grounds under the Immigration Act 1971, even if…

Refugee status cannot be ceased under Article 1C(5) merely because conditions have fundamentally and durably improved in one possible area of return. The…

For a foreign criminal within section 32 of the UK Borders Act 2007, section 32(4) impliedly amends section 3(5)(a) of the Immigration Act 1971. Parliament…

A person removed under a deportation order which remains in force continues to be liable to deportation. Such a person cannot rely on section 117B(6) of the…

An appeal certified under section 94B of the Nationality, Immigration and Asylum Act 2002 may be fairly determined from abroad only after a fact-sensitive…

A rule 22 notice under the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 is confined to the Tribunal’s initial scrutiny…

A human-rights appeal against refusal of a human-rights claim under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 is determined only by…

Where a child has spent substantial time in the United Kingdom, an assessment of her best interests under section 55 of the 2009 Act and Article 8 must look…

An immigration officer investigating whether an EEA residence right has been abused by a marriage of convenience is not, merely because the officer also has…

An appeal under section 40A of the British Nationality Act 1981 is a full merits appeal. The Tribunal must determine for itself whether the statutory condition…

A notice of removal window is not, without more, an EEA decision under the Immigration (European Economic Area) Regulations 2006. It records liability to…

The power to award costs for unreasonable conduct under the Tribunal Procedure Rules must be exercised with significant restraint. It is not a…

Where an appellant raises a new matter in an immigration appeal, the Tribunal must first decide whether it is a factual matrix not previously considered by the…

Where a postal immigration application is facially complete and the Secretary of State later attempts to take payment, the Secretary of State bears the legal…

TS (Political opponents–risk) Burma CG remains applicable country guidance unless very strong grounds, supported by cogent evidence, justify departure.…

A Cart judicial review of the Upper Tribunal’s refusal of permission to appeal concerns the lawfulness of that refusal. It does not permit a party to introduce…

Under Article 9 of Dublin III Regulation, a family member who obtained British citizenship after receiving international protection remains a person allowed to…