Immigration & Asylum
Immigration & Asylum judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Confirms Jurisdiction for Afghan Resettlement Scheme Challenges
The Upper Tribunal recently heard a case about the a person (a person). The main question was whether the Tribunal had the power to review decisions made under this scheme. Judge Hirst decided that the Tribunal *does* have this power, as these decisions are closely linked to who can enter or stay in the UK. While some parts of the challenge succeeded, a claim about discrimination under Article 14 of the Human Rights Act was dismissed.
Upper Tribunal Allows Lesbian Asylum Appeal
An a person who identifies as a lesbian won her case to stay in the UK after being refused asylum due to fears of persecution based on her sexuality. The Upper Tribunal agreed she faced a real threat if returned to Indonesia.
Upper Tribunal Rejects Asylum Appeal Based on New Georgia LGBTI Legislation
A gay a person woman sought asylum in the UK, arguing that returning to Georgia would expose her to persecution due to recent anti-LGBTI legislation. Her appeal was dismissed by the Upper Tribunal as there was insufficient evidence showing actual persecution rather than speculative risks.
Upper Tribunal Allows Immigration Appeal Over FtT Error
In this case, the Upper Tribunal ruled that the First-tier Tribunal made an error by proceeding with a hearing while the appellant was seriously ill. The appellant had requested an adjournment due to health issues but was denied. The Upper Tribunal allowed the appeal and remitted it back for a fresh hearing.
Upper Tribunal Allows Appeal on Article 8 Grounds
The Upper Tribunal allowed an appeal against the refusal of a protection and human rights claim, finding that the First-tier Tribunal erred in dismissing the claimant's Article 8 ECHR claim due to a misunderstanding of the relevant date for assessment. The claimant had lived in the UK continuously for over 20 years.
Upper Tribunal Overturns Leave to Remain Decision Due to Errors
In this case, the Upper Tribunal overturned a lower court's decision that allowed an appeal against refusal of leave to remain as a partner. The tribunal found errors in how the initial immigration status was considered under the rules.
Upper Tribunal Upholds Deportation Despite Family Ties
The Upper Tribunal upheld a decision to deport a Jamaican man despite his long-term residence in the UK and strong family connections. The court ruled that a person a person convictions outweighed personal circumstances.
Upper Tribunal Sets Aside Asylum Decision Due to Errors
In this immigration law case, the Upper Tribunal found that the First-tier Tribunal made mistakes when deciding an asylum appeal. These mistakes included not considering important evidence and unfairly dismissing late documents. As a result, the decision was overturned and sent back for another hearing.
Upper Tribunal Overturns First-tier Immigration Protection Ruling
In this immigration case, the Upper Tribunal overturned a lower court’s decision because it found that the judge made mistakes when evaluating evidence and deciding what level of proof was needed for certain documents. This means the original case will be heard again by another judge in the First-tier Tribunal.
Upper Tribunal Allows Asylum Appeal Due to Material Error of Law
The Upper Tribunal allowed an appeal against a First-tier decision, finding that the lower court made a critical error in assessing the plausibility of the claimant's story. The case will now be reheard by another judge.
Upper Tribunal Remands Immigration Appeal for Fair Hearing
In this immigration appeal, the Upper Tribunal determined that the First-tier Tribunal made an error when assessing the appellant's credibility. As a result, the case was sent back to the First-tier Tribunal for a new and fair hearing.
Upper Tribunal Sets Aside Immigration Decision, Orders Rehearing
The Upper Tribunal found that there was an error of law in how the First-tier Tribunal assessed the claimant's credibility. As a result, the original decision has been set aside and the case will be heard again by the First-tier Tribunal.
Upper Tribunal Rejects Challenge to Human Rights Claim Certification
In this case, the Upper Tribunal dismissed a a person challenge brought by an applicant against the Secretary of State's decision to certify their human rights claim as 'clearly unfounded'. The court ruled that no reasonable tribunal would have allowed the application based on the facts presented.
Upper Tribunal Sets Aside Humanitarian Protection Appeal Due to Error of Law
The Upper Tribunal overturned a lower court decision because it found an error in how the court assessed whether the respondent could relocate internally within Afghanistan. The case involved anonymity and the conditions for granting humanitarian protection based on risks faced by individuals with family connections to previous Afghan governments.
Upper Tribunal Sets Aside Asylum Decision for Legal Error
In this case, an asylum seeker's appeal was initially dismissed by the First-tier Tribunal. However, the Upper Tribunal found that the lower court made significant legal errors when assessing the claimant’s situation under Article 8 ECHR. The decision was set aside and remitted for a fresh hearing.
Asylum Appeal Dismissed by Upper Tribunal
Asylum Appeal Dismissed by Upper Tribunal
In this case, an individual challenged a a person tribunal's decision to deny them asylum and protection from human rights violations. The Upper Tribunal reviewed the case but upheld the original ruling, concluding that there was no significant legal error in assessing the risk of persecution.
Upper Tribunal Rejects Human Rights Appeal on Insurmountable Obstacles
A person from Colombia who has been living in the UK without permission since 2014 tried to stay based on family life with his wife. The Upper Tribunal rejected this claim because there wasn't enough proof that moving back to Colombia would be too difficult for his wife due to her health.
Asylum Appeal Rejected: Mental Health and Religious Conversion Not Sufficient for Protection
An individual appealed against a decision refusing their asylum and human rights claims due to mental health conditions and religious conversion. The Upper Tribunal dismissed the appeal, concluding that the appellant's circumstances did not meet the high threshold for protection under international law.
Upper Tribunal Upholds Human Rights Appeal Based on Insurmountable Obstacles
In this case, the Upper Tribunal upheld a lower court's decision that allowed an individual's human rights appeal. The individual argued there were insurmountable obstacles preventing their spouse from continuing family life abroad due to significant public interest factors and practical difficulties.