Immigration & Asylum
Immigration & Asylum judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Immigration Appeal Dismissed Due to Legal Error
The Upper Tribunal dismissed an immigration appeal after identifying a legal error made by the First-tier Tribunal, relying on precedent established in a previous case regarding similar legal issues.
Upper Tribunal Dismisses Appeal for Leave to Remain Based on Family Life
In this case, the Upper Tribunal dismissed an appeal for leave to remain in the UK due to family ties. The claimant argued that returning to Nigeria would be too difficult because she is separated from her husband and a person-daughter. However, the tribunal found no evidence of exceptional circumstances or insurmountable obstacles.
Upper Tribunal Sets Aside FTT Decision on Religious Conversion Credibility
In this case, the Upper Tribunal reviewed a lower court's decision about whether someone who converted to Christianity in Iran faced real danger if they returned home. They found that the lower court made mistakes by not properly considering all the evidence and giving clear reasons for their decisions.
Upper Tribunal Upholds Rejection of Afghan Citizens' Entry Appeal
The Upper Tribunal upheld the decision to reject an appeal by elderly Afghan citizens seeking entry into the UK as a person relatives of a British citizen. The appellants argued that they needed care from family members due to their health conditions and precarious status in Turkey, but the tribunal found no material error in the First-tier Tribunal's decision.
Upper Tribunal Upholds Human Rights Appeal for Carer of British Citizen
In this case, the Upper Tribunal upheld a lower court's decision allowing an immigrant to remain in the UK under human rights laws because she provided significant care to her a person. This ruling supports those who have strong family ties and provide essential support to a person citizens.
Upper Tribunal Sets Aside Immigration Appeal Decision Due to Substantial Errors
In this case, the Upper Tribunal found that there were significant mistakes in the original decision made by the First-tier Tribunal. As a result, they decided to send the case back to be heard again by another judge to ensure fairness and accuracy in the process.
Upper Tribunal Dismisses Family Permit Appeal Due to Lack of Dependency Evidence
In this case, the Upper Tribunal upheld the decision to refuse a family permit application because the applicant did not provide enough proof that they rely financially and materially on their daughter-in-law who is an EEA citizen. The tribunal found the evidence insufficient to establish dependency over a prolonged period.
Upper Tribunal Dismisses Appeal on EUSS
The Upper Tribunal dismissed an appeal against the refusal of settled and pre-settled status under the a person Settlement Scheme. The claimant, who married an a person national with settled status in the UK after the specified date, was found not to be within the scope of the Withdrawal Agreement.
Upper Tribunal Remits Case for Fresh Hearing Due to Error of Law
In this immigration case, the Upper Tribunal found that the First-tier Tribunal made an error in its ruling on continuous residence requirements. The case was sent back for another hearing to properly assess the claimant's eligibility under the EU Settlement Scheme.
Upper Tribunal Rejects Appeals for Entry Clearance by Afghan Nationals
The Upper Tribunal dismissed appeals by Afghan nationals seeking entry clearance to join their a person in the UK, finding they did not meet eligibility requirements under Appendix FM or demonstrate sufficient exceptional circumstances.
Upper Tribunal Reverses First-tier Decision on EU Settlement Scheme Appeal
In this immigration appeal, the Upper Tribunal found that the First-tier Tribunal made legal mistakes when assessing continuous residence under the EU Settlement Scheme. As a result, the case has been sent back to the lower court for another look with proper consideration of all evidence.
Upper Tribunal Dismisses EUSS Appeal for Niece of EEA National
The Upper Tribunal dismissed an appeal against the refusal of pre-settled status under the a person Settlement Scheme for a child born in the UK to an Indian national, niece of an EEA citizen. The decision was based on the lack of evidence that the appellant's presence was facilitated by the UK before December 2020.
Upper Tribunal Upholds First-tier Decision on Internal Relocation
Upper Tribunal Rejects Appeal for Leave to Remain Due to Lack of Evidence
In this case, the Upper Tribunal dismissed an appeal against a refusal of leave to remain due to insufficient evidence provided by the claimant regarding medical care and family support in Pakistan. The court required clear proof that returning would cause significant difficulties or pose severe a person risks without proper local treatment.
Appeal Allowed: Human Rights Grounds Overrule Removal Order
The Upper Tribunal allowed the claimant’s appeal against removal based on human rights concerns. The decision considered the claimant's inability to return safely to Somalia due to personal safety risks and lack of support networks, as well as the impact on her established family life in the UK.
Asylum Appeal Dismissed: Lack of Credible Evidence
Gambia Marriage Registration Case Remitted to First-tier
In this immigration case, the Upper Tribunal found that the First-tier Tribunal made errors when deciding whether a marriage was legally registered in Gambia before a specified date. Due to procedural unfairness and legal mistakes, the case is being sent back for another hearing.
Upper Tribunal Allows Asylum Appeal Due to Inadequate Reasoning
In this case, the Upper Tribunal allowed an appeal against the First-tier Tribunal's decision to refuse asylum for a Ugandan citizen who claimed she needed protection due to her sexual orientation. The Upper Tribunal found that the analysis of evidence from key witnesses was inadequate and reasoning lacked depth.
Upper Tribunal Sets Aside Deportation Decision Due to Legal Error
In this case, the Upper Tribunal reviewed a deportation appeal and determined that the lower court made legal mistakes. As a result, the original decision was overturned and the case will be reconsidered in the First-tier Tribunal.