Upper Tribunal: Immigration and Asylum Chamber judgments, 2025

In automatic deportation cases, withdrawal of a refusal of a human rights claim or withdrawal of a section 94B certificate does not retrospectively affect an…

In an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, the Tribunal may consider a human rights ground where it is relevant…

A First-tier Tribunal’s case-management powers cannot create jurisdiction where proceedings have not been commenced by an effective notice of appeal. A notice…

Lawyers must verify the accuracy of authorities and quotations placed before a tribunal. Reliance on an artificial-intelligence tool does not discharge that…

A salaried First-tier Tribunal judge may ordinarily determine an application for permission to appeal against that judge’s own substantive decision. That…

Version 11 of the Evidential Flexibility policy applies across the Immigration Rules, except for Appendix FM and protection routes. It is wider than paragraph…

Appeals against deprivation of British citizenship under section 40(3) of the British Nationality Act 1981 require a staged approach. The First-tier Tribunal…

Where judicial review proceedings end before trial, the ordinary rule that costs follow the event still applies. The court should use the categories in R (M) v…

Grounds seeking permission to appeal to the Upper Tribunal must identify each arguable error of law clearly, succinctly and with sufficient detail to show its…

Article 14(1)(a) of ECAT does not require a residence permit for a recognised victim of trafficking merely because the person must remain in the United Kingdom…

A decision to treat an appeal as abandoned under section 104(4A) of the Nationality, Immigration and Asylum Act 2002 determines the legal substance and…

Eligibility under Appendix ROB 8.6(a) depends on what the applicant established, not merely on ownership when the application was made. The applicant must…

Under rule 17(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008, withdrawal requires the Tribunal’s consent. Consent will ordinarily be given where…

A policy is interpreted objectively by the court or tribunal, which determines its meaning for itself from the language used and the proper context. The…