Upper Tribunal (Immigration and Asylum Chamber) case law

Tribunal partially allows judicial review of Afghan resettlement eligibility in London

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 Recognises Real Risk of Persecution for Lesbians in Indonesia

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 Over Discriminatory Law in Georgia

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.

Immigration Appeal Allowed Due to Claimant's Illness in Newcastle

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.

Tribunal Reverses Decision on Visitor's Immigration Appeal

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.

Tribunal allows Article 8 appeal for Bangladeshi man with 20 years in UK

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 Upholds Deportation Order for Jamaican National in Manchester

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 First-tier Tribunal Decision on Asylum Claim

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.

Immigration Appeal Allowed: Tribunal Finds Errors in Credibility Assessment

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.

Tribunal Remands Iraqi Asylum Appeal Due to Error in Credibility Assessment

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 Allows Appeal on Plausibility of Hiding from Police in Vietnam

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.

Tribunal Remands Iraqi Kurdistan Persecution Case for 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 London

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.

Appeal Allowed: Tribunal Errors Lead to Reversal of Protection Claim Decision

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.

Tribunal dismisses appeal for lack of reasoned findings on home area in Khost

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.

Tribunal Rejects Nepalese Asylum Seeker's Claim for Protection in UK

Upper Tribunal rejects asylum appeal on credibility grounds

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 Claim for Colombian Citizen Undergoing Cancer Treatment

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.

Upper Tribunal Rejects Human Rights Appeal for Return to India

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.

Tribunal Allows Appeal Against Deportation of Ghanaian National

In this case, the Upper Tribunal upheld a lower court’s decision that preventing someone from being deported is justified under human rights law. The person had committed one crime but had lived in the UK for many years and had strong connections here.