Upper Tribunal: Immigration and Asylum Chamber judgments, 2020

A right of appeal arises only where the Secretary of State has decided to refuse a human rights claim within section 82(1)(b) of the Nationality, Immigration…

A clear First-tier Tribunal decision that an application for permission to appeal was made in time is an excluded decision under the Appeals (Excluded…

Historic injustice in immigration law is confined to a generally recognised past wrong inflicted by the United Kingdom on an identifiable class, whose…

Whether an offence has caused serious harm under section 117D(2)(c)(ii) of the Nationality, Immigration and Asylum Act 2002 is for the tribunal to decide on…

The principles in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department apply to protection claims based on gender identity as well as…

Paragraph S-LTR.1.6. of Appendix FM does not extend to false representations or non-disclosure in a current or previous immigration application. Paragraph…

The definition of foreign criminal in Part 5A of the Nationality, Immigration and Asylum Act 2002 differs from that in section 32 of the UK Borders Act 2007.…

When re-making a decision after setting aside a First-tier Tribunal determination, the Upper Tribunal will generally preserve factual findings that have not…

A particular social group under the Geneva Convention relating to the Status of Refugees 1951 may be established by either a protected common characteristic or…

A genuine, unaltered passport apparently issued by a state to its holder is strong evidence that the holder is that state’s national. In an asylum claim, the…

A fee-waiver policy for a human-rights application must direct decision makers to the overriding question of whether the applicant can in reality afford the…

A removal decision is not retrospectively unlawful merely because an earlier decision on which it relied is later found unlawful. A court may nevertheless…

An accidental error in a tribunal permission decision may be corrected under rule 31 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum…

Article 17(2) of the Dublin III Regulation confers a wide but constrained discretion to accept responsibility for an asylum claim in order to unite family…

Where a refusal under paragraph 322(5) of the Immigration Rules carries a statutory right of appeal, the appeal ordinarily supplies the procedural opportunity…

An EU citizen child is not a qualifying child under section 117D(1) of the Nationality, Immigration and Asylum Act 2002 unless the child is British or has…

Paragraph A398 governs the deportation rules which follow it. Its expression foreign criminal has the meaning given by section 117D of the Nationality…

A tribunal may correct a clerical mistake or accidental slip in its notice of decision under the slip rule where the correction gives effect to the judge’s…

Under the Immigration (European Economic Area) Regulations 2006, an extended family member who relies on regulation 8(2)(c) must prove that dependency on the…

An Article 8 appellant who says that removal is unnecessary because entry clearance will later be granted must still address the statutory public-interest…

An appeal against an EEA decision is brought under the applicable EEA Regulations, rather than under section 82(1) of the Nationality, Immigration and Asylum…

A refusal of a human rights claim under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 occurs only where the Secretary of State maintains…

A person made subject to a hospital order after a finding under section 5(1)(b) of the Criminal Procedure (Insanity) Act 1964 is not a foreign criminal for…

A deprivation decision under section 40(3) must be assessed under the law and policy in force when it is made. An earlier erroneous nullity decision, taken on…

In an immigration appeal, the Secretary of State has no general civil-litigation duty to disclose all relevant material. The applicable duty is not knowingly…

The term partner in Part 5A is not governed by the definition in GEN.1.2 of Appendix FM. A person within that definition will generally be a partner, but…

Where an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 has been finally determined, but is later revived because a refusal of…

The Secretary of State must determine immigration matters in accordance with her relevant policies. Where an otherwise unapparent policy may undermine her case…

During the taking of evidence, a judge’s role is supervisory. The judge should protect the fairness and orderly conduct of the hearing, but should not…

A human rights claim within section 113 of the Nationality, Immigration and Asylum Act 2002 does not itself create a right of appeal. A right under section…

Where an applicant has already had a fair opportunity before the Tribunal to explain alleged tax discrepancies, and the Tribunal has found dishonesty and…

A reasonable and genuine misapprehension that a person has immigration leave may require a less stringent approach when assessing the proportionality of…

For Exception 2 in section 117C(5) of the Nationality, Immigration and Asylum Act 2002, the unduly harsh threshold is not met merely because a child with two…

Extra-statutory immigration policies are interpreted objectively, according to the meaning a reasonable and literate person would give their language. A…

For a foreign criminal sentenced to less than four years, the exception in section 117C(5) requires proof that deportation would be unduly harsh for a…

In an entry-clearance case, a child’s British citizenship is a relevant consideration in assessing that child’s best interests and the proportionality of…

An appeal cannot succeed where an independent alternative finding that is sufficient to determine the outcome has not been challenged. Grounds of appeal and…

The Upper Tribunal may invoke Tribunal Procedure (Upper Tribunal) Rules 2008, rule 43 of its own motion. The use of forged or otherwise bogus evidence before…

A country-guidance decision marked CG is authoritative in a relevant appeal where it is published before the First-tier Tribunal's decision is sent to the…