Upper Tribunal: Immigration and Asylum Chamber judgments, 2021

Anonymity is an exception to open justice. Where Articles 8 and 10 of the European Convention on Human Rights conflict, the tribunal must conduct a…

Section 25 of the Tribunals, Courts and Enforcement Act 2007 permits the Upper Tribunal to transfer a damages action to a county court once the public-law…

Pending appeals under the preserved EEA provisions are determined by whether the decision breaches rights under the EU Treaties as they applied in the United…

For deportation purposes, the seriousness of offending is generally determined by the sentence actually imposed. The assessment does not ordinarily use a…

Oral evidence given by video from a foreign State to the First-tier Tribunal requires that State’s permission, whether individual or general. The party seeking…

Immigration Rules, paragraph 353 is a gatekeeping mechanism for repeat human-rights or protection submissions. The Secretary of State must consider their…

When deciding the length of restricted leave for a person excluded from refugee protection but presently irremovable, the Secretary of State must assess the…

In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must establish the statutory condition precedent for deprivation. Where…

An appellate tribunal in an immigration appeal has no free-standing duty under Human Rights Act 1998, section 6, to disturb a decision which contains no error…

A decision to determine an error of law appeal without a hearing under rule 34 is a procedural irregularity for rule 43 only where the decision was wrong in…

Refugee-status cessation requires a symmetrical comparison between the circumstances supporting recognition and those at the date of the cessation decision.…

A failure by the Secretary of State to comply with the duty under section 55(3) of the Borders, Citizenship and Immigration Act 2009 will rarely prevent a…

For medical claims under Article 15(b) of the Qualification Directive, an applicant must prove a real risk of serious harm through the intentional deprivation…

In a mental-health removal case, the governing Article 3 threshold is that in Paposhvili v Belgium, as explained in AM (Zimbabwe) v Secretary of State for the…

When revocation of humanitarian protection is challenged, the first question is whether the individual remains eligible for that protection. Exclusion on any…

A durable relationship under article 3(2)(b) of Directive 2004/38 must remain extant. Once the relationship ends, the non-EEA partner ceases to be a…

Article 3 of the European Convention on Human Rights may be engaged by extreme material deprivation even where the deprivation is not deliberately caused. The…

For revocation of indefinite leave under section 76(2)(a) of the Nationality, Immigration and Asylum Act 2002, deception must have materially contributed to…

In a human rights appeal, a matter raised in response to a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 must be determined if…

The long-residence policy, properly construed across its versions from 2000 to 2017, preserves a bright-line requirement of ten years’ continuous lawful…

Implementing legislation intended to give effect to European law should generally receive a purposive construction. Where domestic legislation goes beyond the…

A refusal by the Upper Tribunal of permission to appeal disposes of the proceedings before it. Apart from the power to set aside the decision for procedural…

The financial requirement for a partner’s employment income under Appendix FM is assessed by reference to the specified evidence and the period before the…

Article 2 requires the Secretary of State and immigration-detention service providers to take reasonable initial steps to secure evidence concerning a…

A person may advance an alleged risk of serious harm, including a risk potentially engaging Article 3, solely within a private-life human rights claim. The…

A grant of permission to appeal by the Upper Tribunal remains a grant even where permission is expressed to be limited. It is not treated as a refusal of…

For paragraph 403(c) of the Immigration Rules HC 395, a stateless person is admissible to another country where they may lawfully enter and lawfully reside…

A person remains liable to immigration detention, and may therefore remain on immigration bail, while the Secretary of State intends removal and there is some…

On the proper construction of Immigration Rules paragraph 276B, a previous period of overstaying between grants of leave which falls within the second…

An appeal certified under section 94B must be assessed by reference to whether removal has caused an actual impediment to obtaining legal representation…

An FGM prevention order is relevant evidence in a protection appeal, particularly where its factual assessment overlaps with the claimed overseas risk. It…

For the purposes of Appendix FM, an applicant is “eligible to apply for leave to remain as a partner” only where the application and available information…

Permission to appeal judges must ensure that they have the requisite documents before deciding whether permission should be granted. They should not grant…

For paragraph 276A(a)(v) of the Immigration Rules, “18 months” means 548 days. A calendar month cannot lawfully be treated as 30 days merely because…

A party who obtains the exact outcome sought in the First-tier Tribunal cannot appeal under section 11 of the Tribunals, Courts and Enforcement Act 2007…

The Upper Tribunal must determine appeals judicially by reference to the evidence before it. It must not rely on opinions expressed in a non-judicial setting…

A published policy governing a statutory discretion is unlawful if, in practice, it is a blanket rule which admits no possibility of exception. A…

In immigration appeals, the central question for documentary evidence is whether it is reliable when assessed with the evidence as a whole. The respondent’s…

A clear and settled First-tier Tribunal decision that an application for permission to appeal was made in time is a procedural preliminary excluded decision.…

The risk to Sri Lankan returnees arising from sur place activity remains fact-sensitive. The relevant question is whether the individual has, or is perceived…