98 results
Permission to Appeal Applications and the Power to Set Aside
The President of the FTT (IAC) has issued a memorandum in relation to 'Permission to appeal applications from the First-tier Tribunal (IAC) to the Upper Tribunal and the power to set aside' . The President reminds representatives of rule 35 of the Procedure Rules and the power of the FTT to set more...
6 Feb 2019 12:19
Sports stars, politicians and billionaires – diplomatic immunity in the English courtsRecent high-profile news stories about the bankruptcy proceedings against Boris Becker and the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul have brought the status of diplomatic immunity into focus. Bar a highly unlikely political intervention by the Saudi state, the more...
Upper Tribunal (IAC) Reported Cases 2018
In this post I have set out the head notes for all of the UT (IAC) reported cases for 2018. Each case is hyperlinked to the full judgment on Bailii. This is an easy way to update yourself on the recent developments in the law. January Ahmad (scope of appeals) Pakistan [2018] UKUT 84 (IAC) (23 more...
Home Office amend their policy on reasonableness of children leaving the UK following KO (Nigeria)
The Home Office have amended their policy document ‘Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes’ publishing a new version on 19th December 2018. The updated guidance includes a revision to the section entitled ‘Would it be reasonable to expect the child to more...
Head Notes from the Latest UT (IAC) Reported Cases
Here are the head notes from the latest UT (IAC) reported cases (as of 16/12/18): Prathipati, R (on the application of) v Secretary of State for the Home Department (discretion - exceptional circumstances) [2018] UKUT 427 (IAC) (26 October 2018) 1) The Secretary of State has a discretion to allow an more...
Very Signifiant Obstacles: Treebhawon gloss disapproved of by Court of Appeal
In Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018) the Court of Appeal considered §276ADE(1)(vi) and the question of 'very significant obstacles' to integration. The test set out in the Immigration Rules was previously considered by a Presidential panel more...
Helpful Guidance on Costs in the FTT
The President of the FTT (IAC) has recently published a helpful Presidential Guidance Note entitled ‘Further guidance on wasted costs and unreasonable costs and on the correct approach to applications for costs made in proceedings before the First-tier Tribunal (IAC)’ The guidance draws heavily upon more...
Paposhvili not relevant in Article 8 healthcare cases
In SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 (07 August 2018) the Court of Appeal consider the relevance of the judgment of the CJEU in PAPOSHVILI v. BELGIUM - 41738/10 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)) [2016] ECHR 1113 (13 more...
Extended Family Members and Appeals: CJEU judgment in Banger
The Immigration (European Economic Area) Regulations 2016 expressly exclude, from the definition of an EEA decision in Reg 2(1), decisions to refuse to issue residence documentation to an Extended Family Member (EFM) of an EEA national, thus removing appeal rights from EFMs and leaving Judicial more...
Court of Appeal Gives Guidance on Article 8 in Deprivation of Citizenship Appeals
In Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018) the Court of Appeal gave guidance in respect of Article 8 in deprivation of citizenship appeals given the difficulties caused by the current UT reported decisions. Aziz concerned the deprivation proceedings more...
Free Resource: Reducing the evidential burden in EEA Retained Rights cases
Immigration Practitioners may find this article useful which is my analysis of the recent Court of Appeal decision in Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 concerning retained rights of residence and at what point a person must show that their former spouse was more...
Article 8 and 7 year children: a helpful case to rely upon in applications and appeals
The decision of the President in MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) is helpful in cases concerning 7 year children and it should be cited by practitioners in applications and appeals. The President emphasises the need for ‘powerful more...
Upper Tribunal gives guidance on poor professional immigration advice and Article 8
In Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC) the President gives guidance as to if and when poor immigration advice can impact the public interest in an Article 8 claim. The head note reads as follows: (1) Poor professional immigration advice or other more...
Free Resource: Immigration cases 2018 - a review of the year so far
I recently produced an Immigration Case Law review covering the first half of 2018. You can download it as a free PDF here. The review will provide practitioners with a handy guide to the key cases of the year so far in this fast moving area of law. more...
Helpful Home Office Guidance on §276ADE(1)(vi): ‘Very Significant Obstacles’
Over recent months I have been trying to rely on §276ADE(1)(vi) in a greater number of cases. Below are some helpful quotes from pages 57-60 of the SSHD’s guidance which will help you in successfully arguing it in applications and appeals: Very significant obstacles will exist where the applicant more...
Meeting the Immigration Rules is positively determinative of an Article 8 appeal
In TZ (Pakistan) and PG (India) v The Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) the Court of Appeal gave guidance in relation to Article 8 and the Immigration Rules in the context of relationships formed with a British citizen at a time when a person’s immigration more...
New UT IAC Reported Decisions
Here are the head notes from some recent reported UT IAC decisions. They cover a number of important topics and are worth reading to keep yourself up to date with the latest developments. I have included the bailii links to the full decisions. AZ (error of law: jurisdiction; PTA practice) [2018] more...
Immigration Law Tip: Home Office Guidance on EEA Marriage Interviews
This guidance (see page 40) is helpful in challenging EEA marriage of convenience decisions from the SSHD: If the applicant attends the marriage interview, you must consider: • the answers they gave during their interviews • the evidence that led to doubts about the reasons for entering into the more...
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