Upper Tribunal: Immigration and Asylum Chamber judgments, 2023

Procedural fairness will normally require the Secretary of State to give a person notice that deprivation of citizenship is contemplated and an opportunity to…

A refusal of leave under the EU Settlement Scheme is not, without more, a refusal of a human rights claim under section 113(1) of the Nationality, Immigration…

Under the Immigration (European Economic Area) Regulations 2016, the functions of an Entry Clearance Officer, the Secretary of State and an Immigration Officer…

“Historical injustice” is not a freestanding legal doctrine. It describes circumstances in which past events may affect the weight given to effective…

Parties in First-tier Tribunal protection appeals must identify and narrow the issues in dispute through the prescribed case-management process. A tribunal…

First-tier Tribunal decisions in immigration appeals should adopt an issues-based structure. They should identify the principal important controversial issues…

For an appeal against an EEA decision made before 31 December 2020, the transitional provisions preserve the appeal until it is finally determined. The appeal…

Under paragraphs 197 and 199 of the Immigration Rules, an applicant must either be under 18 or have current leave as the child of a person with leave under…

Judicial control of a hearing must be exercised fairly and constructively. Interventions may focus proceedings, but overbearing or intimidatory conduct can…

Under Appendix EU, a person applying as a Zambrano carer must satisfy the definition in Annex 1 at the relevant date. That definition excludes a person holding…

Appeals against deprivation decisions under sections 40(2) and 40(3) of the British Nationality Act 1981 require a staged analysis. The Tribunal must review…

Country guidance on risk on return to the Democratic Republic of Congo following the 2018 presidential election. Actual or perceived opponents of former…

Where a person receives entry clearance as a dependent parent under Appendix EU (Family Permit) and is later granted leave to enter at the border in that…

The Upper Tribunal’s contempt jurisdiction under Tribunals, Courts and Enforcement Act 2007, section 25, includes enforcing an anonymity order where…

An applicant who selects an EU Settlement Scheme family permit and whose supporting material does not clearly identify an application for an EEA family permit…

Where the Upper Tribunal finds an error of law in a First-tier Tribunal decision, the general rule is that it should retain the appeal and remake the decision.…

An immigration appeal cannot be allowed or dismissed without a merits determination. Section 86 of the Nationality, Immigration and Asylum Act 2002 requires…

The Upper Tribunal may, under rule 14(1)(b), restrict publication of information identifying legal representatives. The power is exceptional and is exercised…

A biometric enrolment policy must be compatible with Article 8 ECHR. It may give significant weight to the public interest in identity and security checks, and…

Under the Immigration (European Economic Area) Regulations 2016, an extended family member relying on the Surinder Singh route need not show prior lawful…