Upper Tribunal (Immigration and Asylum Chamber) case law

Upper Tribunal Upholds Care Needs Decision in Turkey Case

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 Allows Appeal for Carer of Dependent Relative in UK

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 rejects family permit appeal for insufficient evidence of dependency

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.

Tribunal Rejects Appeal on EU Settlement Scheme Application

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 Allows Appeal on Religious Persecution Claim in Iran

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 Rejects Pre-settled Status Claim for Extended Family Member in Birmingham

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.

Tribunal Allows Bulgarian Appellant's EUSS Appeal in Cardiff

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.

Tribunal Allows Appeal on Pre-settled Status in UK for Ghanaian Spouse

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.

Tribunal Rejects Appeal for Human Rights Leave to Remain in Bradford

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.

Tribunal Upholds Decision on Internal Relocation for Iraqi Immigrant in Belfast

Tribunal Sets Aside Immigration Appeal Over Procedural Unfairness in Bradford

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 Grants Lesbian Ugandan Refugee Status After First-tier Rejection

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.

Tribunal Rejects Iraqi Man's Appeal for International Protection Due to Lack of Credible Evidence

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.

Tribunal Rejects Appeal Due to Lack of Legal Stay in UK

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 Rejects Appeal for International Protection in London

Tribunal Allows Appeal Against Deportation Order for Medical Treatment in Barbados

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.

Tribunal Allows Appeal Against Citizenship Deprivation in UK

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 Allows Appeal on Asylum Claim Involving Mental Health

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.