Upper Tribunal: Immigration and Asylum Chamber judgments, 2019

The validity of an application for leave to remain is determined by the Immigration Rules in force when it is made or purportedly made. Where those Rules…

Paragraph 34 of the Immigration Rules is construed using ordinary principles of statutory construction, beginning with the natural meaning of its words in…

In an entry-clearance appeal, the relevant Article 8 rights are ordinarily those of the sponsor or other person within the United Kingdom. The proportionality…

Section 104(2) of the Nationality, Immigration and Asylum Act 2002 exhaustively states when an appeal is not finally determined. If none of its stated…

Recognition of an appellant as a vulnerable adult does not make adverse credibility findings inherently unsafe. Application of the Joint Presidential Guidance…

For Tier 1 (Investor) applications, control has its natural and ordinary meaning. It requires authority to manage or direct the use of the relevant money…

An undisturbed First-tier Tribunal decision made under the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 remains the starting point under…

A refusal of indefinite leave to remain under the restricted leave policy does not normally engage article 8 of the European Convention on Human Rights. It may…

Where an appeal is treated as abandoned following a grant of leave under Nationality, Immigration and Asylum Act 2002, neither tribunal has jurisdiction to…

Where the Secretary of State identifies a proposed place of internal relocation, the person seeking international protection retains the legal burden of…

Refugee status may be revoked where a refugee can now reasonably relocate within the country of nationality, provided the Secretary of State proves a…

A respondent to the Secretary of State’s appeal to the Upper Tribunal has no appeal of his own to withdraw under rule 17. A purported withdrawal of his case…

The Belfast (Good Friday) Agreement did not alter the domestic law of British citizenship. An international treaty does not confer or remove rights under…

In an Article 3 health-removal case, the returning state must provide procedures which properly examine the applicant’s fears and assess the evidence. There is…

In a human rights appeal, the Tribunal must determine whether removal would be unlawful because the appellant is a British citizen. A past opportunity to seek…

An appellant who wishes to add grounds to an appeal in the Upper Tribunal must obtain permission. This remains so where a Cart judicial-review claim has…

Paragraph 352A(iii) of the Immigration Rules requires only that a marriage or civil partnership formally existed when the refugee left their country of former…

Section 85A of the Nationality, Immigration and Asylum Act 2002 restricts post-decision evidence relied on by an appellant in a points-based appeal. It does…

Where a refusal of permission to appeal by the Upper Tribunal is quashed following a “Cart” judicial review, the Tribunal may grant permission without a…

Where a permission-to-appeal form contains an apparent conflict between its formal decision and its reasons, the decision is the crucial element. Permission…

Procedural fairness requires fairness to both parties. It does not require a tribunal to favour an appellant by excluding responsive evidence or granting an…

An appellate tribunal will ordinarily give weight to the hearing judge’s assessment of interpretation and will be slow to interfere merely because…

In a protection appeal, a Competent Authority trafficking decision under the National Referral Mechanism is evidence, not a determination binding the tribunal.…

Existing country guidance remains authoritative unless very strong grounds supported by cogent evidence justify its revision. Continuing volatility and an…

For regulation 9 of the Immigration (European Economic Area) Regulations 2016, a British citizen's residence and exercise of Treaty rights in a host Member…

For rule 29(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, a person is provided with a copy of an immigration judicial-review application when the…

A First-tier Tribunal’s refusal to determine a ground of appeal is itself appealable as a decision under section 11(1) of the Tribunals, Courts and Enforcement…

Where an application to the First-tier Tribunal for permission to appeal is late and time is not extended, the First-tier Tribunal may refuse to admit the…

An unregistered third-country-national partner in a duly attested durable relationship with a Union citizen returning to the citizen’s Member State of…

Permission to appeal on a point not advanced by either party should be granted only where the evidence needed to establish that point is apparent from the…

The Isle of Man is not part of the United Kingdom for European Union free movement law. Under Protocol 3 to the Treaty of Accession 1972 and Article 355(5)(c)…

An immigration adviser must act within the scope of the authorisation granted by the statutory regulatory scheme. A level 3 OISC organisation may undertake…

A requirement in domestic immigration regulations to provide specified evidence must be interpreted consistently with European Union law. Administrative…

Personal data used to enable an out-of-country immigration appeal to be heard by video link at a United Kingdom diplomatic or consular post is not transferred…

Under rule 17(1) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, an appellant withdraws an appeal by giving the…

The test of unduly harsh in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 is self-contained. It requires consequences for a qualifying…

For the purposes of Nationality, Immigration and Asylum Act 2002, section 117C(6), the assessment of very compelling circumstances is a wide-ranging and…

Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a hypothetical assessment. The tribunal must assume that the qualifying child…

Reliance in an Article 8 appeal on eligibility under a different category of the Immigration Rules is a new matter where it requires a fresh judgment on…

An appeal against an EEA decision under the Immigration (EEA) Regulations 2016 is confined to the EU ground of appeal prescribed by Schedule 2, paragraph 1.…

In an asylum claim based on sexual orientation, the tribunal must apply the staged approach in HJ (Iran) v SSHD [2010] UKSC 31. A gay applicant who would…

Article 9 of the Dublin III Regulation applies where a family member was granted residence as a beneficiary of international protection, even if that person…

For indefinite leave to remain on the ground of long residence, an applicant must satisfy each separate requirement in paragraph 276B of the Immigration Rules.…

In a human rights appeal, proof that an appellant meets an Immigration Rule entitling them to leave is material to Article 8 proportionality. The public…

A child does not automatically require a litigation friend in immigration judicial review proceedings. The Upper Tribunal should appoint one only where the…

An extended family member in a durable relationship with an EEA national has no right of residence merely from satisfying the durable-relationship condition.…

Under Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, a First-tier Tribunal may give its decision orally at a hearing.…

The compelling-reasons proviso in article 1C(5) of the 1951 Refugee Convention applies in the United Kingdom only to statutory refugees within article 1A(1).…

A requested Member State considering a take charge request under the Dublin III Regulation must investigate the basis of the request and act reasonably to…