Immigration & Asylum
Immigration & Asylum judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Dismisses Appeal for Pre-Settled Status Under EUSS
In this case, the Upper Tribunal ruled that to qualify for Pre-Settled Status under the a person, an individual must have had a lawful basis of stay in the UK as a a person partner before December 31, 2020. The appeal was dismissed because the claimant did not meet this requirement.
Upper Tribunal Sets Aside Immigration Appeal Decision
In this case, the Upper Tribunal found that the First-tier Tribunal made mistakes when deciding on an immigration appeal. Specifically, they did not correctly consider earlier rulings which were important in making their decision. As a result, the case was sent back for another judge to reconsider from the start.
Home Office Appeal Against Deprivation of Citizenship Dismissed by Upper Tribunal
The Upper Tribunal dismissed the Home Office's appeal against a decision allowing an individual's appeal against deprivation of British citizenship. The tribunal found that the person was unaware of criminal convictions in Albania at the time they applied for naturalisation and did not disclose them due to lack of knowledge, rather than dishonesty or concealment.
Upper Tribunal Reverses Decision on Human Rights Claims
In this immigration appeal, the Upper Tribunal found that the First-tier Tribunal made mistakes when assessing claims related to human rights protections against deportation due to health issues and family life in the UK. As a result, the case was sent back for another hearing with a different judge.
Upper Tribunal Sets Aside Asylum Decision Due to Mental Health Errors
In this immigration case, the Upper Tribunal found that the lower court made mistakes by not properly considering expert medical evidence about mental health when deciding if someone could safely return to their home country or move within it. This led to the case being sent back for another judge to look at again.
Upper Tribunal Upholds Refusal of Leave to Remain Based on Family Life Grounds
In this case, the Upper Tribunal upheld a decision refusing an application for leave to remain based on family life reasons. The applicant claimed that their relationship with their partner studying in the UK faced insurmountable obstacles if they returned to Bangladesh. However, the tribunal found these were temporary and manageable.
EEA citizen entitled to pre-settled status despite absences due to COVID-19
An EEA citizen appealed a decision refusing their application for pre-settled status. The Upper Tribunal allowed the appeal because the lower court did not correctly apply exceptions for absences caused by significant reasons, including public health measures such as those related to the pandemic.
Human Rights Appeal Dismissed by Upper Tribunal
The Upper Tribunal dismissed an appeal against a refusal of a human rights claim based on family life. The Appellant argued that his removal would affect the best interests of his child with limited leave to remain in the UK, but the Tribunal found this did not establish a right to remain under Article 8 ECHR.
Upper Tribunal Upholds Asylum Decision Due to Procedural Issues
In this case, the Upper Tribunal upheld the decision made by the First-tier Tribunal regarding an asylum application. The appellant's appeal was dismissed because they did not attend the original hearing or request a postponement due to illness.
Upper Tribunal Dismisses Appeal Against Entry Clearance Refusal
The Upper Tribunal dismissed an appeal against the refusal of entry clearance into the UK. The appellant, a citizen of Pakistan, applied for entry clearance based on family life with his partner in the UK but was refused due to not meeting financial eligibility requirements and breaching specific a person.
Upper Tribunal Upholds FtT Decision on Residence Requirements
The Upper Tribunal upheld a lower court's decision that an individual had not proven they lived continuously in the UK from 2000 to 2002. This means the person did not meet the requirements for staying in the country under immigration rules.
Upper Tribunal Reconsiders Dependency Claims in EU Settlement Appeals
In this case, the Upper Tribunal reconsidered whether an uncle's financial support was sufficient to prove dependency for his nieces and nephews under the a person. The court found that previous decisions were flawed due to a lack of consideration of all presented evidence.
Upper Tribunal Upholds Refusal of Entry Clearance Appeal
In this case, the Upper Tribunal upheld the Home Office's decision to refuse an applicant's entry clearance and human rights claim. The tribunal found that the First-tier Tribunal did not make any legal errors when dismissing the appeal.
Upper Tribunal Rejects Historical Injustice Claim for Leave Appeal
In this case, the claimant appealed against a decision refusing their application for indefinite leave to remain. The Upper Tribunal dismissed the appeal, finding no evidence that the argument of 'historical injustice' was made during earlier proceedings at the First-tier level.
Upper Tribunal Reverses First-tier Decision Due to Credibility Assessment Error
The Upper Tribunal reversed a decision made by the First-tier Tribunal because it found that the judge incorrectly considered factors like illegal entry and late asylum application when assessing credibility. This error affected all findings of fact, leading to the case being remitted back to the First-tier Tribunal for further hearing.
Upper Tribunal Sets Aside FtT Decision on Family Permit Appeal
In this immigration case, the Upper Tribunal found that the First-tier Tribunal made a mistake by not considering all evidence when dismissing an appeal against the refusal of a family permit application under the a person. As a result, the case was sent back to the First-tier Tribunal for another hearing.
Upper Tribunal Upholds Deportation Decision
The Upper Tribunal dismissed an appeal against deportation, upholding a lower court's decision. The appellant argued that very compelling circumstances existed due to their difficult upbringing and current rehabilitation efforts, but the tribunal found this insufficient to outweigh a person in deportation under UK law.
Upper Tribunal Upholds Article 8 Appeal for Leave to Remain
The Upper Tribunal dismissed the Home Office's appeal against a lower court decision that allowed an individual’s leave to remain based on their family life in the UK. The claimant entered the country as a minor and later married his a person girlfriend, who has significant responsibilities caring for her sister with disabilities.
Ugandan Nationals’ Entry Clearance Appeals Dismissed by Upper Tribunal
Two Ugandan nationals appealed a decision by the Home Office to refuse them entry clearance based on human rights grounds. The Upper Tribunal dismissed their appeals, ruling that refusing leave to enter would not cause unjustifiably harsh consequences since they could manage independently with financial and emotional support from their mother.
Upper Tribunal Upholds Decision on Marriage Certificate Translation
In this case, the Upper Tribunal upheld the First-tier Tribunal's decision to refuse an application for entry clearance as the husband of an EEA citizen due to insufficient evidence. The appellant did not provide a certified translation of foreign language documents, which was required under the EU settlement scheme.