Upper Tribunal: Immigration and Asylum Chamber judgments, 2022

In an appeal against deprivation of British citizenship, the tribunal must determine for itself the reasonably foreseeable consequences of deprivation when…

In age-assessment judicial review proceedings, the duty of candour requires both parties to disclose all material facts, including adverse material, and to…

Where gangs are actors of persecution under the Qualification Directive, an opinion, thought or belief about their policies or methods is a political opinion.…

A fair hearing requires the judge to facilitate cross-examination without undue interruption. During evidence, the judge’s role is principally supervisory.…

A policy governing permission to work for asylum seekers was not unlawful under Articles 8 and 14 of the European Convention on Human Rights because it did not…

Unresolved Family Court proceedings concerning contact with children may make removal of a foreign criminal disproportionate under Article 8. The established…

In assessing whether a person is a Somali national of Bajuni origin, decision-makers must adopt a holistic approach. Relevant matters include knowledge of life…

A person in a durable relationship with an EU citizen acquired no substantive rights under the Withdrawal Agreement merely because the relationship existed…

An extended or other family member has no automatic right of entry or residence. A person whose entry and residence had not been facilitated before the end of…

The Upper Tribunal is a permission-based appellate jurisdiction. Applications for permission should identify the alleged error of law, distinguish legal error…

In a deprivation appeal under British Nationality Act 1981 section 40(3), the Tribunal must consider both whether the original decision was sustainable on the…

A “Cart” judicial review is not a further opportunity to advance new grounds against a First-tier Tribunal decision. Where the judicial-review ground was not…

In an article 8 proportionality assessment, a tribunal may use a balance sheet to identify and weigh competing considerations. It must not assign numerical…

In a challenge to the maintenance of a certificate under Nationality, Immigration and Asylum Act 2002, section 94B, procedural compliance with Article 8 must…

An applicant seeking recognition as an extended family member under regulation 8(2) of the Immigration (European Economic Area) Regulations 2016 must have a…

The EU law principle of equivalence is comparative and requires a true domestic comparator. The comparison must be context-specific and focus on the purpose…

The phrase “lawfully derived” in paragraph 1(d) of Appendix FM-SE requires a fact-sensitive assessment. The Tribunal should not create a general definition…

In a judicial review of a refusal under paragraph 320(7A) of the Immigration Rules, dishonesty is not a precedent fact for the Tribunal to determine afresh.…

An application for permission to appeal made within time is not invalid merely because it fails to comply with rule 21(4) of the Tribunal Procedure (Upper…

In ETS/TOEIC deception appeals, the Secretary of State bears the legal burden of proving dishonesty on the balance of probabilities. That burden does not shift…

In a human rights appeal involving mental ill-health and suicide risk, psychiatric expert evidence must be independent, balanced and properly engaged with the…

In an Article 3 health-removal case, the person resisting removal must first establish that they are seriously ill and adduce evidence capable of showing…

Country guidance on Iraq requires an individualised assessment of risk, documentation and relocation. Article 15(c) does not generally create a risk for…

Exclusion under Article 1F of the Refugee Convention must be interpreted restrictively and applied cautiously. The state must show clear and credible or strong…

In an Article 3 living-conditions case, removal will engage the returning State’s responsibility only where there is a causal link between the removal decision…

The territorial restriction in section 84(3A)(b) of the Immigration and Asylum Act 1999 is determined by the location of the person providing immigration…

The Refugee Convention does not protect a person merely from having to live in a socially conservative society or from losing a socially liberal lifestyle. It…

Extant country guidance is a legal presumption of fact. It must be followed unless cogent evidence shows both a material change in circumstances and that the…

The absence of domestic incorporation of an international treaty does not prevent judicial scrutiny of a domestic policy adopted to give the treaty normative…

An applicant for British citizenship cannot rely on the privilege against self-incrimination to avoid disclosing a criminal offence committed after the…

Under the Immigration (European Economic Area) Regulations 2016, a marriage of convenience is assessed by reference to its predominant purpose. A sham marriage…

Under the Immigration (Biometric Registration) Regulations 2008, an applicant for entry clearance exceeding six months who must also apply for a biometric…

For an appeal under section 84 of the Nationality, Immigration and Asylum Act 2002, “removal” means enforced removal under the Secretary of State’s directions.…

Risk arising from an Iranian returnee’s Facebook activity requires a nuanced, fact-sensitive assessment. The evidence did not establish large-scale Iranian…