This case was heard in the Upper Tribunal (Immigration and Asylum Chamber) (UT) before Upper Tribunal Judge Lane and concerned the importance of time limits for serving an acknowledgement of service in Judicial Review cases. Brief Facts The Applicant asserted that when the Respondent Secretary of State for the Home Department (SSHD) filed an acknowledgement …
Read MoreThis case was heard in the Upper Tribunal (Immigration and Asylum Chamber) (”UT”) before Upper Tribunal Judge Caravan on 07/02/19. It concerned whether the Secretary of State for the Home Department (SSHD) could lawfully refuse an application for a residence card on the sole ground that specified evidence, relating to the EEA national, had not …
Read MoreThis unreported appeal was heard in the Upper Tribunal (Immigration and Asylum Chamber), (“UT”) before Deputy Upper Tribunal Judge McGinty on 19th March 2019 which challenged the decision of the First-tier Tribunal (“FtT”) Judge Woolley who had dismissed the Appellant’s human rights appeal on the basis of a failing to meet the financial requirement under …
Read MoreThis appeal was heard in the Upper Tribunal (Immigration and Asylum Chamber) (UT) on 20/03/19 following a stay of proceedings to allow a referral to be made to the Court of Justice of the European Union (CJEU) concerning the rights of Extended Family Members of a European Economic Area (EEA) nationals to exercise a right …
Read MoreThis appeal was heard in the Upper Tribunal (Immigration and Asylum Chamber) (“UT”) on 16/01/2019 and concerned the refusal by the Secretary of State for the Home Department (“SSHD”) of an application for leave to remain (“LTR”) on human rights grounds, by dependants of a Turkish businessperson previously granted indefinite leave to remain who sought …
Read MoreThis was an appeal before Upper Tribunal (Special Immigration Appeal Commission) on 14/11/2018 and concerning an application for review of the decision by the Secretary of State for the Home Department (SSHD) to refuse the claimant’s application for naturalisation as a British citizen due to his failure to demonstrate he was of good character. Facts …
Read MoreThis is an appeal in the Supreme Court before Lady Hale (President), Lord Wilson, Lady Black, Lord Lloyd-Jones, Lady Arden and concerning the statutory right of appeal against decisions by the Secretary of State for the Home Department (“SSHD”) to refuse protection claims and human rights claims under Part 5 of the Nationality, Immigration and …
Read MoreThis appeal took place in the Upper Tribunal (Immigration and Asylum Chamber) on 06/11/18 before Upper Tribunal Judge Grubb. The case considered the proper calculation of periods of residence for extended family members of EEA nationals seeking confirmation of their entitlement to permanent residence in the UK. Brief facts and chronology The Claimant was in …
Read MoreThis appeal was heard at the Upper Tribunal (“UT”) on 02/07/18 before Mr. Justice Lane President. The appeal considered the effects of poor professional immigration advice or services on the Appellant’s protected private or family life in the UK. Brief Background The Appellant is a citizen of Bangladesh born in 1980. He arrived in the …
Read MoreGauswami (retained right of residence: jobseekers) India [2018] UKUT 00275 (IAC) This was an appeal before the Upper Tribunal which held that the interpretation of ‘worker’ in regulation 10(6)(a) of both the Immigration (European Economic Area) Regulations 2006 and the Immigration (European Economic Area) Regulations 2016 included reference to a ‘jobseeker’. Brief facts and chronology …
Read MoreC-165/16 Lounes This is a preliminary ruling by the Court of Justice of the European Union concerning the interpretation of Directive 2004/38/EC of the European Parliament on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Brief facts and chronology The …
Read MoreAydogdu, R (on the application of) v Secretary of State for the Home Department (Ankara Agreement – family members – settlement) [2017] UKUT 167 (IAC) This case concerned whether the Applicants were entitled Indefinite Leave to Remain (ILR) at the same time as the main Applicant’s husband even though specific residence requirements had not been …
Read MoreR (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51 This instant appeal concerned whether fees imposed by the Lord Chancellor, in respect of proceedings in the Employment Tribunals (“ETs”) and the Employment Appeal Tribunal (“EAT”), were unlawful due to the direct impact on access to justice. Brief Background Before the …
Read MoreChaparadza, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1209 (Admin) This case was heard in the High Court (Administrative Court) and concerned a Judicial Review (JR) claim in which the Claimant sought to challenge his unlawful detention by the Defendant (“SSHD”). Chronology The Claimant was a national …
Read MoreR (on the application of Al-Anizy) v Secretary of State for the Home Department (undocumented Bidoons – Home Office policy) [2017] UKUT 197 (IAC) This is a Judicial Review, heard on 11/05/17 by the Upper Tribunal (Immigration and Asylum Chamber) (UT) before the Honourable Mr Justice McCloskey, President of the UT. Brief Facts and Chronology …
Read MoreThis was a family law appeal case heard on 16/12/16 before Mr. Justice Baker in the High Court of Justice (Family Division) on appeal from the Reading Family Court. Facts and chronology: The proceedings concerned the Appellant father and the Respondent mother’s 14 ½ year old daughter A, who resided with the Respondent. The parties …
Read MoreR (on the application of Ayache) v The Secretary of State for the Home Department (paragraph 353 and s94B relationship) [2017] UKUT 00122 (IAC) This case before the Upper Tribunal (Immigration and Asylum Chamber) (UT) concerned a Judicial Review challenge brought by the Applicant against the decision of the Respondent Secretary of State for the …
Read MoreMM (Lebanon) & Ors, R (on the applications of) v Secretary of State and another [2017] UKSC 10 This case concerned five appeals heard before the Supreme Court in relation to the minimum income requirement (MIR) of £18,600 for sponsoring foreign partners. Brief facts and chronology On 9 July 2012, Appendix FM was inserted into …
Read MoreTM (EEA Nationals – meaning; NI Practitioners) Zimbabwe [2017] UKUT 00165 (IAC) This instant case was heard in the Upper Tribunal (Immigration and Asylum Chamber) (“UT”). The Appellant, with permission, appealed the dismissal of his appeal by the First-tier Tribunal (Immigration and Asylum Chamber) (“FtT”) in respect of an initial decision made by the Secretary …
Read MoreR (on the application of Bhudia) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 25 (IAC) This was a substantive Judicial Review hearing in the Upper Tribunal (UT) on 20/11/15 of a refusal of the Respondent Secretary of State’s refusal of the Applicant’s application for an extension of …
Read MoreHigh Court ruling on Ankara Agreements Akturk, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 297 (Admin) Brief Facts and Chronology The Claimant is a Turkish national who was granted entry clearance as a visitor for 6 months between 31/10/14 and 30/04/15. He entered the UK on 21/12/14. …
Read MoreSF and others (Guidance, post-2014 Act) Albania [2017] UKUT 120(IAC) Brief Facts and Chronology This appeal was before the Upper Tribunal (Immigration and Asylum Chamber (“UT”) and concerned the first Appellant (a mother) and two other Appellants, who were her dependent children. The Appellants were Albanian nationals who had clandestinely entered the United Kingdom from …
Read MoreImmigration Tribunal Fee Increase Reversed In a written statement published on 25 November 2016, Sir Oliver Heald, the Minister of State for Courts and Justice, announced that the government had reversed its decision to increase the immigration appeal fees by 500%. The announcement provides: However, we have listened to the representations that we received on …
Read MoreNew English language requirement: family route Earlier this year, David Cameron announced the government’s intention to introduce a new English language requirement for family migrants (parent’s/partner’s). This applies to those who are seeking to extend their leave in the UK on a five-year route to settlement under the Immigration Rules. The new requirement is set …
Read MoreSupreme Court ruling on Foreign Criminals with British Citizen Children Makhlouf (Appellant) v Secretary of State for the Home Department (Respondent) (Northern Ireland) [2016] UKSC 59 This instant case was an appeal heard in the Supreme Court against an order the deportation of a foreign criminal (the Appellant) who had British citizen children residing in …
Read MoreEarlier offences and impact on status in the UK Rexha (S.117C – earlier offences) [2016] UKUT 335 (IAC) This was an appeal heard at the Upper Tribunal (UT) before the Honorable Mr. Justice Dove and Deputy Upper Tribunal Judge Grimes on 24/05/16. The appeal is brought by the Secretary of State (SSHD) against the First-tier …
Read MoreUpper Tribunal Ruling on Failed Asylum Seekers from Iran SSH and HR (illegal exit: failed asylum seeker CG) [2016] UKUT 308 (IAC) This Country Guidance case was held in the Upper Tribunal of the Immigration and Asylum Chamber (“UT”). Country Guidance cases are authoritative in any subsequent appeal, so far as that appeal: relates to …
Read MoreR (on the application of MG) v First-tier Tribunal (Immigration and Asylum Chamber) (‘fresh claim’; para 353: no appeal) IJR [2016] UKUT 00283 (IAC) Article 8: Public Interest Considerations Fresh Claims and no right of appeal R (on the application of MG) v First-tier Tribunal (Immigration and Asylum Chamber) (‘fresh claim’; para 353: no appeal) …
Read MoreIn the matter of N (Children) [2016] UKSC 15 dated 13/04/16 This case was heard in the Supreme Court and concerned the jurisdiction of the UK courts over EEA national children. The Appellants in this case were the parents of two Hungarian national children born in the UK and the Respondent was the London Borough …
Read MoreUpper Tribunal Ruling on Un-documented Iraqi Abdulla v Secretary of State for the Home Department (IJR) [2016] UKUT B1 (IAC) (22 March 2016) This instant case was heard in the Upper Tribunal (“UT”) on 22/03/16 following the Applicant’s application seeking Judicial Review of the Secretary of State’s (SSHD) decision refusing his fresh application for leave …
Read MoreAXD v The Home Office [2016] EWHC 1133 (QB) (13 May 2016) This was a hearing by the Claimant for compensation (damages) against the Home Office (Defendant) for his unlawful detention. This case was heard in High Court of Justice (Queen’s Bench Division). Brief facts and chronology The Claimant was a Somali national who entered UK on 21/04/97 and …
Read MoreThis is a case in the Court of Appeal (CoA) Onu v Akwiwu & Anor: Taiwo v Olaighe & Anor [2014] EWCA Civ 279n dated 13/03/14 by the Appellants (Ms. Onu and Mrs. Taiwo) appealing against the decision of the Employment Appeal Tribunal (EAT) that they had not suffered direct discrimination at the hands of their …
Read MoreThis is an Application to the Supreme Court by the Appellant (Mrs Gohil) against the order of the Court of Appeal (CoA) dated 13/03/14 setting aside a judgment in her favour dated 25/09/12 and dismissing her claims against the Respondent for material non-disclosure during their Family Law financial settlement process. Background The Appellant and the Respondent …
Read MorePD and Others (Article 8 – conjoined family claims) Sri Lanka [2016] UKUT 00108 (IAC) This case concerns the decision of the Upper Tribunal (Immigration and Asylum Chamber) (UT) following the grant of permission to appeal the decision of the First Tier Tribunal (Immigration and Asylum Chamber) (FtT) by the Appellants. Brief facts and …
Read MoreZermani, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 1226 (Admin) This case was heard in the High Court of Justice on 30/04/2015. The Claimant sought an order quashing the decision of the Respondent Secretary of State for the Home Department (‘SSHD), to refuse his application for leave …
Read MoreThis is a judicial review hearing in the High court heard before Helen Mountfield QC on 22/01/15. The Claimants are Mr Sabir and Mr Mehmood whom are both co-directors of a business called “Your business Companion Limited”. In this case they seek to challenge the decisions of the Secretary of State for the Home Department …
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