Upper Tribunal (Immigration and Asylum Chamber) case law

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 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 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 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 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 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 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 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.

Upper Tribunal Upholds First-tier Decision on Internal Relocation

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.

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.

Asylum Appeal Dismissed: Lack of Credible Evidence

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 Dismisses Appeal for International Protection

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.

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.