Upper Tribunal: Immigration and Asylum Chamber judgments, 2024

Under Immigration Rules Appendix A, paragraph 45(d)(iii), a director’s loan agreement must itself set out that the loan is unsecured and subordinated to other…

Where a deportation decision relies on conduct committed both before and after the specified date, paragraph (b) of the definition of “deportation order” in…

There is a clear distinction between criminal conduct before and after the end of the transition period. Pre-transition conduct engaging the Withdrawal…

For the purposes of the long-residence route, residence supported by leave obtained through deception is not lawful residence. The requirement for ten years’…

The principles in Essa (Revocation of protection status appeals) continue to apply after EU exit. A post-exit grant of refugee leave recognises Convention…

In a points-based immigration scheme, prescribed documentary and scoring requirements may be necessary without being sufficient. Where the applicable Rules…

In an entry-clearance appeal under article 8, family life must be assessed as a unit. Once family life is established, the tribunal must consider the rights…

A decision-maker considering whether an applicant is a person with a Zambrano right to reside under Appendix EU must assess the actual consequences if the…

In assessing deprivation of citizenship for fraud, false representation or concealment of a material fact, the Secretary of State must consider the statutory…

A visa scheme designed to reunite families displaced by war may fall within the ambit of Article 8, even where Article 8 is not substantively engaged. A…

For regulation 9 of the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, a matter expressly and sufficiently raised in an application is…

In ETS/TOEIC appeals, the Secretary of State bears the burden of proving dishonesty on the balance of probabilities. The tribunal must decide whether…

Under Schedule 10 to the Immigration Act 2016, electronic monitoring is mandatory when immigration bail is granted to a person detained pending deportation…

For protection claims within section 32 of the Nationality and Borders Act 2022, decision-makers must address its questions expressly and sequentially. The…

For deportation decisions concerning pre-31 December 2020 conduct by an EU national, the tribunal must establish residence, continuous residence, lawful…

A ceremony under section 20 of the Marriage (Scotland) Act 1977 does not determine whether an earlier overseas ceremony was a valid marriage. If the earlier…

A person in a durable relationship who lacked both a relevant document and another lawful basis of stay at the specified date cannot meet the definition of…

Procedural safeguards under the Citizens’ Rights Directive become relevant to a third-country national’s loss of residence rights only where an expulsion…

Where discretionary-leave guidance expressly preserves transitional treatment for confirmed trafficking victims with outstanding trafficking-related asylum…

The First-tier Tribunal may direct the filing and service of evidence and may impose a sanction excluding late evidence, provided the action is just. That…

Under paragraph FP6.(1)(d) of Appendix EU (Family Permit), “joining” requires the applicant to be united or reunited with the relevant EEA citizen in the…

A tribunal may give succinct reasons if it resolves the principal controversial issues, addresses the parties’ material points, and enables them to understand…

An EEA national who had not acquired permanent residence and was imprisoned on 31 December 2020 was not exercising Treaty Rights under Article 7 of Directive…