Upper Tribunal (Immigration and Asylum Chamber) case law
Judgments from the Upper Tribunal (Immigration and Asylum Chamber) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Tribunal Allows Appeal on Article 8 Immigration Case Involving Widow of a Gurkha Soldier
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.
Upper Tribunal dismisses human rights claim for family life in UK: Appeal denied
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.
Tribunal Allows Appeal on Immigration Human Rights Claims for Bangladeshi Citizen
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 Upholds Decision on Student Partner's Course as Temporary Obstacle
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.
German citizen granted pre-settled status in UK despite gaps in residence
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.
Upper Tribunal rejects entry clearance appeal for Pakistani claimant in Kilmarnock
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 Dismisses Asylum Appeal for Lack of Credibility
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.
Tribunal Allows Immigration Appeal Over Error of Law
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.
Tribunal dismisses appeal on length of residence in Edinburgh
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 Upholds Deportation Order for Serious Criminal in Slovakia
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 Family Life Appeal for Bangladeshi Man in Stratford-upon-Avon
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.
Tribunal rejects appeal on leave to remain for Indian national in UK
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.
Tribunal Rejects Appeals for Entry Clearance Based on Human Rights
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 Rejects Appeal Over Entry Clearance Due to Document Translation Issues
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.
Upper Tribunal Allows Appeal on Credibility Assessment for Leave to Remain
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.
Tribunal Allows Immigration Appeal Over Legal Errors in Original Decision
The Upper Tribunal overturned the decision made by the First-tier Tribunal in an immigration case involving two brothers seeking a person a person as children of a former a person regiment member. The Tribunal found that the First-tier Judge's assessment of financial dependency and family life was legally incorrect, leading to the case being sent back for another hearing.
Upper Tribunal rejects appeal for entry clearance in Nepal case
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 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.
Tribunal Grants Humanitarian Protection to Algerian Police Officer Facing Threats
In this case, the Upper Tribunal granted humanitarian protection to an Algerian man who was previously denied leave by the Home Office. He claimed asylum after exposing a a person drug dealer in Algeria but was initially rejected because his fears did not meet refugee criteria. The tribunal found that he would face serious harm if returned due to his involvement with powerful criminal networks.
Upper Tribunal dismisses appeal on adult dependant child status for Nepalese widow's daughter
In this case, the Upper Tribunal rejected an individual’s appeal for entry clearance into the UK. The tribunal found that the applicant was not considered an adult dependent child and did not provide enough evidence to show family life with a a person in the UK under Article 8 of the European Convention on Human Rights.